EU Court Rejects Entain Suit over Rival's Use of 'Sportingbet'
The European Union Intellectual Property Office (EUIPO) has ruled against Entain plc in a trademark dispute concerning the use of the term "Sportingbet" by Italian operator Sportbet S.R.L. Entain, the multinational betting and gaming group that owns the Sportingbet brand, sought to block Sportbet's application for an EU trademark covering gambling and entertainment services, claiming it would confuse consumers due to similarities in name and branding.
LISTEN TO THIS ARTICLE:Entain argued that Sportbet's trademark application closely resembled its own "Sportingbet" marks, asserting that the similarities could mislead the public and dilute the distinctiveness of its established brand. However, EUIPO rejected this position, determining that the common elements in both brand names—specifically the words "sport" and "bet"—are generic within the gambling and betting industry.
Related: Entain Announces the Completion of $13M Sportsflare PurchaseEUIPO emphasized that these terms are descriptive and widely used across the gambling sector, thus lacking the uniqueness required for exclusive protection. The office further stated that even though both companies operate in overlapping markets and offer similar services, such as betting, gaming and poker, the overall impression given by the trademarks in question was not sufficiently similar to create a likelihood of confusion among consumers.
The regulatory body acknowledged that both Sportbet and Sportingbet target identical service categories, yet concluded that the words "sport" and "bet" were not proprietary to either party. It held that the combination of these words was too common to grant Entain exclusive rights over similar uses by other companies in the EU.
Entain also attempted to support its opposition by claiming that Sportingbet had gained enhanced distinctiveness and a strong reputation across multiple EU member states. The company submitted a wide array of materials in support of this claim, including marketing budgets, app store reviews, internal revenue data, and social media analytics.
More Business News
No Grounds to Support Claim
Despite the volume of evidence provided, EUIPO found the submissions lacking in credibility and relevance. Much of the information was promotional or internal in nature and did not include third-party verification or independent proof of consumer recognition within the EU.
Additionally, a significant portion of the documentation referenced the UK. The country, as the EUIPO noted, is no longer a member of the EU and, therefore, outside the jurisdiction of this case.
Entain further argued that it had unregistered trademark rights in countries such as Bulgaria, Germany, Greece, Malta, Portugal and Romania. However, EUIPO determined that the company failed to demonstrate that its use of the "Sportingbet" sign in these markets was of more than local significance. Without sufficient evidence of widespread recognition across these jurisdictions, this line of argument was also dismissed.
With all grounds of opposition rejected, EUIPO ruled in favor of Sportbet S.R.L. and allowed its trademark application to proceed. Entain was ordered to pay €300 in legal costs to Sportbet as part of the decision. The ruling reinforces the principle that commonly used industry terms cannot form the basis for exclusive trademark protection without demonstrable distinctiveness and recognition.
RELATED TOPICS: Business
Review this New Post
Leave a Comment
User Comments
Comments for EU Court Rejects Entain Suit over Rival's Use of 'Sportingbet'