Evolution Gaming start making Affiliates

Discussion in 'Anything Goes' started by tumcasino, Jun 30, 2020 at 11:26 PM.

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    tumcasino

    tumcasino New Member

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    Hello,

    I am an affiliate. One of my website is evolution.casino since 2015. Evolution Gaming LTD just started a case by Wipo to claim this domain from me.

    After some discuss and try some solutions. They accept nothing. They only want to have this domain and for free.

    As I understoot Evolution Gaming wants to make affiliate itself. one day before they report me to Wipo. they bought another domain with evolutiongaming.casino

    As I think they will make affiliate like Netent. But maybe they will open their own online casino. So finally they can earn enough and they wont need to look for cheap countries, where they pay less salaries for dealers.

    Really, it is a shame for them. How greedy they are.

    I wrote it everywhere to show affiliates and players how greedy they are.
     
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    nibnab

    nibnab Affiliate Guard Dog Member

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    Or it might be simply just brand protection. It doesn't necessarily mean that they are going to create their own affiliation or a casino, perhaps they just don't want anyone making money with their brand name.
     
    AussieDave and DaftDog like this.
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    AussieDave

    AussieDave 20 years & still going!

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    I commented to your post at GPWA. Though, after reviewing my 1'st reply... My 2'nd reply would seem that this is a valid TM issue. FYI I'm not a lawyer but, in this instance, it seems like Evolution Gaming would be able to seize your domain.

    You could hold out and try to resolve an amicable agreement. Or you could be difficult and say: "take me to court". The later however could cost you a pile of money.

    So IMO I'd seriously consider the advice given by nwalker over at the GPWA:

     
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    tumcasino

    tumcasino New Member

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    For affiliate it is normal to use game or payment providers name. I have only positive contents and their game reviews. I send casinos players which has their games. So they didnt report last 5 years and they report now.

    because 1 day before they sent me email to claim domain. they bought another domain evolutiongaming.casino They also bought Netent and Netent doing affiliate as well.

    I hope I will make them lose in court. and I will create my own online casino on my domain Evolution.casino :D
     
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    nibnab

    nibnab Affiliate Guard Dog Member

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    As AussieDave pointed out, you can go to court with them, but it will be very costly. Most likely Evolution will hire an army of lawyers to go after you. Not saying that you cannot win, but you are definitely facing some murky waters in this case.
     
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    NDG

    NDG Affiliate Guard Dog Member

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    You should never buy a domain that could have trademark issues. Even if you get permission to use the name at first,
    that could always change later on down the line. It doesn't make sense to put a lot of hard work into a site/domain that
    could lead to issues in the future. I agree with the other posters. If you really want to use the domain, try to come to an
    agreement with them, or else.. surrender the domain, learn from the experience, and promote live casinos using a domain
    that has your own branded name or a more generic term like "live dealers" or something related to that type of gaming.
     
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    Kadabra

    Kadabra Affiliate Guard Dog Member

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    As wrote on GPWA, not sure if here Evolution Gaming claim would hold. It's different than having Microgaming.casino as here it's clearly the brand name, unlike Evolution which is a general word. Doubt someone would consider that they trademarked "evolution". Of course i am not a lawyer but seems more common sense thing to me.
     
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    AussieDave

    AussieDave 20 years & still going!

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    NB - The OP is using the domain for casino marketing. The same market/industry Evolution Gaming is involved in, and has been since 2006. The OP has only held the domain since 2015. Hypothetically... if the OP was using the domain for anything other than online casino marketing or niche within the online gambling industry, then the OP would have a far better chance at challenging this demand to forfeit the domain to Evolution Gaming. However, the OP isn't, and the domain is being used for the igaming market.

    Wouldn't surprise me if they have placed a TM on "evolution". I'd be surprise if they didn't.

    The thing is, when one applies for a Trademark, there are numerous categories to have said TM listed under. There are and is certain categories which igaming entities use, and I would say...Evolution Gaming would have some fairly bright IP lawyers under their wing. These legal-professionals would make sure all i's are dotted and t's crossed.

    Under the circumstance, I wouldn't simple hand the domain over.

    Instead, I would request evidence from Evolution Gaming et al, on why they think they have the right to request the domain is signed over to them. At that point, I'd take that information to a lawyer well versed in online IP law, and obtain their opinion.

    What the OP needs to realise is... IF Evolution Gaming are legally permitted to obtain that domain, and the OP refuses to hand it over, they may obtain a court injunction, which would effectively freeze the use of the OP's domain.

    Next they likely obtain a court order for the domain registrar to hand the domain over to Evolution Gaming.

    If it turns into a legal battle, it could be an extremely costly experience for the OP.

    I'd be working on a plan B safe guard, just in case.
     
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    riih

    riih Affiliate Guard Dog Member

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    I work with IP and can confirm - using someone elses brand name for an affiliate website, which takes months or years to build up significant traffic, is not a good idea.

    As online casino business is obviously focused on domains, those and trademarks are the only protection a company has. If you find a brand related domain that is available, you will definitely encounter problems such as this sooner or later - especially if its someone as big as Evolution.

    Success in arguing (which is expensive) depends on the registrar and jurisdiction, but one thing is clear: You're marketing casinos using their name (intentionally I assume), and they have undoubtedly protected themselves for not only casino games, but marketing activities as well.

    On a related note, if any of you want to know whether you should protect your own brand and how, send me a PM. I'll do an analysis for free.
     
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    Joonas

    Joonas Certification Member Staff Member

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    I would definitely recommend building your business on either some unique term or category name that isn't or can't be trademarked.
     

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