The High Court has rejected Entain's copyright claims against Outplayed.com and Oddsmonkey while permitting the operator to amend them. However, Entain's brand-related claims continue to stand. Justice Cawson ruled that Entain must urgently revise its pleadings to influence the copyright issues associated with Outplayed.com and Oddsmonkey.
Entain first launched its legal action in August of the previous year, alleging breaches of copyright and trademark by the operators of these websites. In her ruling, Justice Cawson remarked, “Authorship-based qualification fails for want of authors. I do not consider that it can be appropriate for claimants, as late in the day as the case management conference in a case and after the proceedings have been on foot for some 11 months or so, to say that they are in the process of obtaining the requisite assignments without explaining why this could not have been done before now.”
The defendants contested Entain’s copyright assertions, arguing that the operator did not adequately identify the creators of the contested work, nor provide details regarding their publication dates or originality. They pointed out that most of the material in question had been created by third-party companies.
Entain has a limited timeframe to amend its copyright claims if it wishes to pursue the case further. The judge dismissed most of Entain’s efforts to strike down segments of the defense presented by the defendants. A spokesperson for Entain stated, “Entain does not comment on active litigation. However, as we have previously said, the matched betting business model is a parasitic one, and we take the protection of our brands and reputation extremely seriously. We have strong grounds for our claim and remain confident in it."
