Online Casino Infringes Copyright
Trademark infringement is a serious issue for internationally based companies,
particularly companies that have gained widespread respect and brand
recognition; that’s when it becomes increasingly important that trademark
infringement laws hold. The latest case for the online casino gambling industry
centers on the a dispute between the Club-Monaco-Gold.com domain name and land
gambling operator La Société des Bains de Mer et du cercle des étrangers à
Monaco (La Société). La Société operates two prominent land casinos in Monaco
and has held a monopoly there since the 1800’s. The companies two trademarked
brands include the Casino de Monte Carlo and Casino de Monaco.
An Australian company, Around Pacific is active in the online casino gambling
industry and registered the Club-Monaco-Gold.com brand name in just 2006. La
Société claims that the domain name and subsequent use of the name Casino Monaco
Gold infringes on its long held trademark. The judge had a few conditions that
La Société had to satisfy before it would be granted a transfer of domain name:
the domain name had to be confusingly similar to the complainant’s, registered
in bad faith, and that the plaintiff has no rights to use the terms within the
domain name.
Tough luck for the online casinos because the judge found that La Société had
met all of these requirements despite the fact that none of the terms within the
domain name are very original – they are three common enough words within the
internet gambling industry…a majority of the registered gambling sites use
casino in the domain name and other half a dozen major gambling brands use
Monaco or Monte Carlo as well. |