Danske Spil beats Ladbrokes - and gains the rights to the trademark for "Danske Spil"

The High Court in Denmark has just now sentenced the English game provider Ladbrokes for having violated the marketing law in a lawsuit filed by Danske Spil. Ladbrokes was sentenced because Ladbrokes from May to September 2008 completed a comprehensive marketing campaign in Denmark under the slogan “Danske spil Engelske odds (meaning ”Danish Games English Odds”). The following text was among other things a part of the campaign:

“Hvad er Ladbrokes) (What is Ladbrokes?)
Danske spil (Danish games)
Samme spil/Samme tryghed (Same games/Same safety)
Engelske odds (English odds)
Større gevinst/Bedre service (Bigger winnings/Better service”

At the same time, Ladbrokes stated in a press release that one is overcharged when gambling with the state’s gambling monopoly, and that Ladbrokes offers exactly the same games with equal high safety standard as the state monopoly, however providing far better odds and chances of winnings.

In the sentence, High Court has just now established that Ladbrokes’ campaign was unlawful, and that Ladbrokes thus must accept to having acted against regulations of the marketing law on good costumes and comparable advertisement.

“We are very satisfied with the sentence and welcome the liberalised gambling marked. However, it is important to us that our new competitors play by the rules. Consequently, it is fine that High Court now has defined fair play within the marketing”, says CEO H. C. Madsen, Danske Spil.

At the same time, High Court determined that Danske Spil has the right to the words “Danske Spil”. Although being two common words – “Danske” and “Spil”, which normally would not gain exclusive rights, High Court has resolved that the Danish people associate these words with the business and products of Danske Spil.

Finally, High Court decided that one particular scene from one of Danske Spil’s previous commercials not quite met the requirements of the marketing law. Danske Spil has, however, long since changed the scene in question.

Furthermore, Ladbrokes wished to have Danske Spil sentenced for having violated the EU regulations by encouraging the market to buy Danish. However, High Court acquitted Danske Spil of all charges.