11/09/2009 Ladbrokes wins case against Danish monopoly

Ladbrokes today won a case against the Danish Monopoly Danska Spil (Danish Games) in the Maritime and Commercial Court in Copenhagen.

Danish Games had filed a lawsuit against Ladbrokes claiming a breach of primary trademark and marketing law in connection with Ladbrokes' "Danish game, English odds" TV advertising campaign last year.

Danska Spil claimed that Ladbrokes had improperly used the Danska Spil trademark - and that only Danska Spil can use the word combination "Dansk" and "spil" for commercial use in advertising and marketing.

The ruling in the Maritime and Commercial Court acquitted Ladbrokes and refused Danska Spil's request for compensation. This means that Ladbrokes can continue to use the words Danska spil in its advertising, and confirms that the Danish monopoly has no exclusive rights to the use of these words professionally.

Ladbrokes spokesman Ciaran O'Brien said: "We're pleased to have confirmed that Danska Spil cannot extend its monopoly power to cover the very words ‘Danish games'. We will continue to highlight the disadvantages of monopolies in our sector and promote free and fair competition from regulated operators to the benefit of consumers. "

While the Judges also ruled that Ladbrokes had not adequately justified its own marketing statement which included the claim: "Same Game" and "Larger Gains" as relevant to factual circumstances, Danska Spell were also found by the court to have used advertising that was misleading, discrediting and contrary to good business practice.

O'Brien continued: "We are very pleased that the judges came to the conclusion that Danska Spil's campaign" To the delight and benefit "was misleading and unfairly discredited licensed gaming providers"