In my opinion 32red has threatened my domain, to the best of my recollection..

[32x]

I wanted to thank everyone for their information and much needed support. It just certifies why I joined this organization..

[freebetking]

stick to your guns fella...you'll never take me alive attitude....and you'll not go far wrong...they are just trying to bully you and won't want this to go to court because there is a mighty fine chance they will lose....

[universal4]

Maybe they named their casino based upon the success of YOUR domain???

Maybe it's time they hand the domain over to YOU!

Since your domain pre-dates theirs by 5 years it's not as far-fetched as it sounds, and CERTAINLY part of what THEY would attempt to use against you if their name was older.

Rick
Universal4

[32x]

stick to your guns fella...you'll never take me alive attitude....and you'll not go far wrong...they are just trying to bully you and won't want this to go to court because there is a mighty fine chance they will lose....

* * * * The statements below are my opinions only, and are to the best of my recollection * * * *

I definitely will hold strong. I also am in the USA and I know that it cost them Hundreds of Thousands to sue William Hill in the UK, simply because they waited so long to move-in for the kill. The laws are a bit different here and my site looks nothing like theirs, which was a large part of their suit against Hill. Also, there UK Trade Mark was filed in 2009. All of the domains that they have acquired after the court case are obviously directly related to 32red plc and it's traffic. My domain traffic is based on 32x (Sega Mega drive), which predates their company and trademark. Thanks for the support

* * * * The statements above are my opinions only, and are to the best of my recollection * * * *

[freebetking]

exactly.

[32x]

Maybe they named their casino based upon the success of YOUR domain???

Maybe it's time they hand the domain over to YOU!

Since your domain pre-dates theirs by 5 years it's not as far-fetched as it sounds, and CERTAINLY part of what THEY would attempt to use against you if their name was older.

Rick
Universal4

Exactly! This is also the type of thing that can easily hit the news, if they were to pursue. I would make it hit! There are a lot of news stations here in San Francisco.

[Mark@32Red]

Hi All,

Apologies for the delayed response. As I am not directly involved in this particular issue, I thought best to not get involved, but as this thread (and that over at CAP) has stirred up a healthy debate, I wanted to add my thoughts. Please note that some points are in response to comments on both forums, but as this thread was started first – I chose to reply here.

Just to clarify, although a long term employee at 32Red, these are my personal views and not necessarily those of 32Red (or our lawyers for that matter!)

One thing to tidy up first of all, in 2005, 32Red floated on the London Stock Exchange with a valuation of around £75m. That’s about $125m and is hardly small as was suggested in one earlier post. I also think it is totally wrong to suggest that we are somehow damaging the industry as we are rightfully acclaimed for the excellent service we provide for our players. I believe this is good for all our affiliate partners too.

Onto the subject at hand. Of course we have no rights to ‘big red chewing gum’, we wouldn’t have any rights to ’32 chewing gum’ either! However, when it comes to online casino, then we do have certain intellectual property rights in both "32" and "32Red". Bottom line is that if 32x.com was doing what is was apparently created for and not for anything to do with our business then it might be different. But, as it is now a promoter of an online casino, then I believe we have a problem. The OP has already suggested he was aware of 32Red when he decided to change his content, the fact he chose to promote a casino,in my opinion, is no coincidence.

With regard to the date that the domain was registered, IMO it’s not relevant that the domain was registered beforehand. What was it being used for? Not for an online casino I believe. In fact, the OP has suggested he registered the domain due to an association with Sega!

In closing, I am personally surprised that there are some members that do not see that an online casino with 32 in its title is very likely to be confused with us and in turn derive benefit from our good name….? I’d love to hear a genuine argument as to why ANY other casino would choose this particular number?

Just my 2p worth.

Mark

[freebetking]

yes mate as you stated it's just your opinion....

[32x]

Hi All,

Apologies for the delayed response. As I am not directly involved in this particular issue, I thought best to not get involved, but as this thread (and that over at CAP) has stirred up a healthy debate, I wanted to add my thoughts. Please note that some points are in response to comments on both forums, but as this thread was started first – I chose to reply here.

Just to clarify, although a long term employee at 32Red, these are my personal views and not necessarily those of 32Red (or our lawyers for that matter!)

One thing to tidy up first of all, in 2005, 32Red floated on the London Stock Exchange with a valuation of around £75m. That’s about $125m and is hardly small as was suggested in one earlier post. I also think it is totally wrong to suggest that we are somehow damaging the industry as we are rightfully acclaimed for the excellent service we provide for our players. I believe this is good for all our affiliate partners too.

Onto the subject at hand. Of course we have no rights to ‘big red chewing gum’, we wouldn’t have any rights to ’32 chewing gum’ either! However, when it comes to online casino, then we do have certain intellectual property rights in both "32" and "32Red". Bottom line is that if 32x.com was doing what is was apparently created for and not for anything to do with our business then it might be different. But, as it is now a promoter of an online casino, then I believe we have a problem. The OP has already suggested he was aware of 32Red when he decided to change his content, the fact he chose to promote a casino,in my opinion, is no coincidence.

With regard to the date that the domain was registered, IMO it’s not relevant that the domain was registered beforehand. What was it being used for? Not for an online casino I believe. In fact, the OP has suggested he registered the domain due to an association with Sega!

In closing, I am personally surprised that there are some members that do not see that an online casino with 32 in its title is very likely to be confused with us and in turn derive benefit from our good name….? I’d love to hear a genuine argument as to why ANY other casino would choose this particular number?

Just my 2p worth.

Mark

* * * * The statements below are my opinions only, and are to the best of my recollection * * * *

I notice that you didn't quote any Trade Marks. EU Trade mark# 8398695 and UK Trade Mark# 2509861 are for the number 32, in which your company professes that I am in violation. I am in the US. You are going to have to prove what you are stating, which means that you are going to have take it to Federal Court. This is not cut-and-dry, like William Hill in my opinion. You need to do your Patent and Trade Mark homework before you make statements in a public forum. My domain is not worth what you will have to pay to get it, not to mention bringing yourself into the US and world media. I will not just hand you my domain. Also, maybe your lawyers should be making statements. I personally feel, in my opinion, that it is unprofessional for a sales rep to be making legal statements for their company..

It is now obvious that by exposing myself like this, that you will no doubt have to make an example of me to make you corporate point. But, that is what you are going to have to do. I will not just hand you my domain.

By the way, I am not an online casino. I am an affiliate portal, from which companies like yours, in my opinion, make their money. If that were not true, you would not be in this forum. Also in 2005 32red, in my opinion, WAS small in comparison to the larger casinos like 888, Party Poker, and Golden Palace who were big at the time.

* * * * The statements above are my opinions only, and are to the best of my recollection * * * *

[freebetking]

IMO it’s not relevant that the domain was registered beforehand. What was it being used for? Not for an online casino I believe.

Opinions are like nipples......everybody has one...

[Mark@32Red]

Hi 32x,

Thanks for your speedy response.

I’d like to clarify a couple of points in your post. First of all, the post above is my opinion – as monsterbet pointed out. I am not making legal statements on the company’s behalf, any legal communication would be done privately by our lawyers. Since you chose to take this issue into a public forum, I felt obliged, as one of 32Red’s forum representatives – to at least provide a response – sorry if you think it was unprofessional of me, but I have to disagree.

It’s obvious that we are not going to agree on this, so now I have made my opinions public, and since feelings are running high – I think it’s best that I bow out gracefully.

Kind regards,
Mark

[Mark@32Red]

Opinions are like nipples......everybody has one...

Lol, I had two last time I checked.

[freebetking]

is that an opinion or fact?

[Mark@32Red]

is that an opinion or fact?

That is a fact. I'd provide photographic proof but it's not a pretty site.

[freebetking]

good lad..

[SlotsAff]

That is a fact. I'd provide photographic proof but it's not a pretty site.

I can vouch for that HA HA

[universal4]

The fact that 32X was registered and developed ahead of 32Red is in fact pertinent to the situation.

If in fact the site was developed years ahead actually lends credence to the domain owners position that he in fact is NOT stepping on any Intelectual Property rights...and in fact adds a bit toi a claim that maybe 32Red is stepping on HIS IP rights.

The fact that the site has had gaming content since thje early days solidifies his position.

The fact that the site did evolve and adjust over the years could be seen as natural evolution and market adjustments, and could make the case for 32 Red more difficult.

Protecting a brand can be admired, but being a bully with a brand name may have long term adverse affects in the marketplace among your peers.

I am not sure why the statement of the market capitalization was added, but it has absolutely NOTHING to do with a domain name or brand name dispute.

Rick
Universal4

[Mark@32Red]

The fact that the site has had gaming content since thje early days solidifies his position.

Hi Rick,

I said I was bowing out, but just in case this changes your opinion, which I appreciate, the site didn't have any gaming content (from what I can see, please correct me if I am wrong) until after 32Red cemented it's position in the market place.

Again, my opinion, but if I owned the domain 'www.apples.com' which showcased the beautiful world of apples (the Golden Delicious taking top place of course) and then waited for a huge electronics provider to use a similar name and changed my content to provide MP3 players, tablets and multimedia phones - I think a certain Mr Jobs might have an issue with that. I personally think he'd be justified to do so.

Regards,
Mark

[32x]

Protecting a brand can be admired, but being a bully with a brand name may have long term adverse affects in the marketplace among your peers.

I am not sure why the statement of the market capitalization was added, but it has absolutely NOTHING to do with a domain name or brand name dispute.

Rick
Universal4

This is exactly the problem. I don't see Party Poker, Poker.com or 888 bullying affiliates. It is a bully tactic and when it goes to court, I will make it public on every news station that I can. William Hill was a corporation. I am just a guy in a small apartment with a tiny website, who has no assets. They have much more to loose than I..

[universal4]

But, he never sold apples there.....

He had gaming content (Sega) and adjusted with the marketplace and now still does gaming.

The fact that the domain has white label content on it may hurt his position slightly.

Rick
Universal4