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Online Gambling Lawyer

Volume: 7 Issue: 5
( 2008)


News

The European Commission (EC) could drop its infringement procedure against France (IP/07/909) if the French Presidential Cabinet's plans to open up its gambling market result in compliance with the provisions of the EU Treaty. / read more

The US Supreme Court's rejection of an appeal against a 16 October 2007 ruling of the Court of Appeals for the Eighth Circuit, which held that a fantasy sports operator has a Constitutional right to use reallife player names and statistics, has decreased the risk of prosecution for fantasy sports betting operators that offer cash prizes. / read more

The Tribunal de Grande Instance de Paris found in favour of the Fédération Française de Tennis (FFT) in a 30 May ruling (08/02006) banning online gambling operators, Unibet and Expekt, from taking bets in France on the Roland-Garros tournament in Paris. / read more


Features

While the news that the European Commission will proceed with its infringement action despite the French government's notification of its plans to open up its gambling market is welcome to operators, concerns still remain. / read more

The Court of Porto has submitted key questions to the European Court of Justice on whether a Portuguese sports betting monopoly infringes the principle of freedom to provide services enshrined by the EU Treaty, and whether a betting monopoly can be justified under Community law, especially when that monopoly extends to the internet. Thomas Talos and Petra Thurner of Brandl & Talos Attorneys at Law, examine the background to the case, the Portuguese government's defence and the ECJ's reasoning. / read more

The Fédération Française de Tennis (FFT) has applied for court orders in Belgium, France and Germany which seek to ban online gambling operators from taking bets on its Roland Garros and Paris Masters tournaments. World Online Gambling Law Report spoke to Rhadames Killy, the FFT's Legal Director, who explains why use of its trademarks without permission in relation to betting events constitutes a trademark infringement, and explains why the FFT feels justified in taking action against bets unrelated to the outcome of a match which could have an effect on the integrity of tennis. / read more

French and Belgian courts have recently come to differing decisions on the use of sporting event names for gambling purposes, despite analysing the same Directives using the same techniques. Thibault Verbiest and Anouk Hattab-Abrahams, of Ulys Law Firm, examine both cases in the light of trademark law and the conditions under which trademarks can be used legitimately, as well as the European Court of Justice's position on trademarks. / read more

The Gambling Commission is consulting on proposed changes to its Licence Conditions and Codes of Practice, which will take effect in January 2009. Many of the changes bring clarification to the existing rules for British-based gambling operators and do not represent a policy change. Julia Mackisack of the Gambling Commission identifies some key proposals relating to remote gambling and invites responses to the consultation by 3 July 2008. / read more

Restrictions imposed on Betfair prohibiting its use or publication of unapproved race fields were found to be restrictive of interstate trade and commerce between Australian States and Territories. Bill Brown, of Lander & Rogers Lawyers, identifies categories of gambling laws affected by the decision and suggests what should be done and who should be doing it in order to avoid further litigation. / read more

Valencia is currently constructing a law to regulate gambling which proposes no limitations on the number of licensees. Juan de Dios Crespo Pérez, of Ruiz Huerta & Crespo, analyses the proposed law and its path to implementation. / read more

The International Gaming Research Unit and Camelot, the operator of the UK's National Lottery, have developed a gaming risk-assessment tool to help protect vulnerable individuals from addiction risk, when developing games. Professor Mark Griffiths, Dr. Richard Wood and Jonathan Parke explain how the new tool, GAM-GaRD, works. / read more


About Online Gambling Lawyer

The monthly publication exploring legal issues affecting operators in online gambling and gaming, on a global basis. Topics covered included licensing, offshore operators, mobile gaming, gambling payments, fixture lists and database rights, online poker, social gaming and gambling, online liquidity, advertising, sports betting, in-play betting, eSports, fantasy sports (DFS), Bitcoin gambling, and gambling fraud, as well as in-depth discussion of legislation such as the Fourth Anti-Money Laundering Directive and the US Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA)... / read more

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