32Red Plc (A Gibraltar Company) v WHG (International) Ltd and Other [2011] ETMR 21
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:05:07 UTC
Claimant ran online casino called ‘32Red’ which had high reputation. Defendant created website called ‘32Vegas’ which was also an online casino.
Claimant sued for infringement.
Held
Is no need for direct evidence of change in economic behaviour as result of similarity.
Here, similarity between two marks mean consumers would be much more prepared to switch allegiance form 32Red to 32Vegas, or to play with 32Vegas in first place, than if there had been no similarity.
Thus there is change in economic behaviour.
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