Three days ago, the United Kingdom’s Conservative Party held a conference to discuss policies. During the event, Gordon Moody and Green Pen Consulting organized a panel dedicated to the white paper called “The Gambling White Paper: Implications for Treatment.”

The panel saw experts comment on the measures outlined in the paper with Jane Rigbye, Ygam’s chief executive officer, expressing her thoughts on the new levy system. According to Rigbye, the new system should see the money used for gambling education and harm prevention initiatives.

Rigbye slammed the notion that some of the recipients of the levy funding are working in cahoots with gambling operators and are not independent. The CEO called this a “misguided narrative” and said that such opinions should not affect the creation of new infrastructure and processes within the industry.

Rigbye argued that organizations seeking funding should instead be measured on the quality, scalability and impact of their services.

The Money Should Prioritize Prevention over Treatment

Speaking of how the money should be used, Rigbye pointed out that it is important that the new levy is able to recognize the difference between research, education and treatment programs. Otherwise, donors may be reluctant to provide funding before the eventual establishment of the new system.

Rigbye also pointed out that this period may see the services provided by organizations reliant on the current system disrupted or discontinued.

CEO Rigbye’s call for more clarity is currently being answered by the UKGC and DCMS, which continue to discuss the future of the white paper measures.

Rigbye also noted that prevention should be prioritized over treatment.

Ygam argues that investment would be better off made upstream, so that less people need those treatment services in the first place.

Jane Rigbye, CEO, Ygam

Ygam is one of the largest gambling research, education and treatment organizations in the United Kingdom and would be one of the key beneficiaries of industry funding if the proposed levy is introduced.

In addition to Ygam representatives, The Gambling White Paper: Implications for Treatment was also attended by many other notable individuals, including politicians and company leaders.

While the Conservative Party did its best to consider the future of the country, statistics show that British bettors do not trust the party to stay in power. According to Betfair bettors, who have previously predicted outcomes such as Liz Truss’ resignation, Rishi Sunak may lose as many as 201 seats or more during the upcoming elections.

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In a recent decision, a World Intellectual Property Organization (WIPO) panelist has found that VGW Holdings Limited, an Australian online gambling company, attempted reverse domain name hijacking by filing a complaint against the owner of vgw.com who is a Republic of Korea resident. 

VGW Holdings Limited has been operating its website, vgw.co, since 2010, offering online casino-style gaming services through its various brands such as Chumba Casino, Global Poker and Luckyland Slots. The company holds several trademark registrations for the VGW mark in various countries, demonstrating its commitment to protecting its brand identity.

However, the WIPO panelist, Kathryn Lee, ruled in favor of the domain owner, Hyundoo Shin, a Republic of Korea resident, who registered vgw.com in 2002, long before VGW Holdings Limited even came into existence. This critical timeline difference played a pivotal role in the panelist’s decision.

Lee emphasized that since the disputed domain name predates VGW Holdings’s trademark rights and formation, it would have been impossible for Shin to have registered the domain name with the intention of targeting VGW Holdings Limited and its mark. 

Panelist Lee Condemns Attempted Reverse Domain Hijacking in Landmark Decision

Panelist Lee wrote in the Administrative panel decision document: “The Complainant should surely have known that the Complaint could not succeed based on these facts, and proceeding with this Complaint can only be viewed as an attempt to deprive a registered domain-name holder of a domain name.”

This fact led the panelist to conclude that the complaint was brought in bad faith, with an attempt at reverse domain name hijacking, constituting an abuse of the administrative proceeding.

The case highlights the importance of considering the registration date of a domain name in intellectual property disputes. In this instance, VGW Holdings Limited failed to demonstrate that the respondent, Hyundoo Shin, registered the domain name in bad faith due to the significant time gap between registration and the company’s establishment.

Furthermore, the panelist’s decision underscores the potential consequences for complainants who attempt reverse domain name hijacking. Reverse domain name hijacking occurs when a complainant files a dispute knowing that they cannot prove bad faith registration or use of the domain name by the owner. Such attempts can result in a finding of reverse domain name hijacking, as seen in this case.

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Spearheading the drive towards comprehensive gaming reforms, the panel tackled pressing issues, including the imminent cashless gaming trial and the roadmap for the industry’s transformation.

Panel’s Commitment to Cashless Gaming Framework Lauded by Minister

Minister for gaming and racing, David Harris, expressed his satisfaction with the Independent Panel’s commitment to meticulously craft the framework for the upcoming cashless gaming trial. The trial, which has garnered significant attention, aims to revolutionize the gaming landscape by introducing cashless transactions while ensuring robust data security and privacy safeguards.

Harris stated: “The Panel’s first priority is to confirm the design and regulatory settings for the expanded cashless gaming trial, to ensure it can start as soon as possible.” 

The ambitious endeavor involves selecting the ideal mix of venues encompassing hotels and clubs across both urban and rural domains.

The panel, led by former NSW Office of Liquor, Gaming and Racing Commissioner Michael Foggo, will also furnish the NSW Government with a comprehensive gaming reform implementation roadmap by November 2024. This roadmap encompasses various facets, including recommendations on the utilization of a $100 million harm minimization fund, the expansion of self-exclusion records, the facilitation of third-party exclusions, and the integration of facial recognition technology to support enhanced exclusion systems.

Independent Panel’s Scope Expands to ClubGRANTS and Regulatory Revamp

The reform agenda does not encompass only that. The Independent Panel’s purview extends to reviewing the ClubGRANTS Scheme, conducted in coordination with Liquor & Gaming NSW, The Cabinet Office, and NSW Treasury. Although undertaken separately, this evaluation aligns with the panel’s ongoing efforts to reshape the gaming landscape. Chairman Michael Foggo affirmed:

“The panel is set up so that a range key stakeholders and experts are represented including industry, gambling harm minimization experts, academic experts, law enforcement and cyber security. It also has the ability to seek input from other external experts in the field and government bodies such as the NSW Crime Commission, the NSW Information and Privacy Commission and AUSTRAC.” 

This transformative journey follows a series of pivotal reforms already set in motion by the NSW Government. Measures like the prohibition of external signage in gaming rooms, reductions in poker machine entitlement caps, and stringent cash input limits have aimed to curtail gambling harm and combat illicit activities.

Furthermore, the reforms will also include a national gambling regulator and a ban on all forms of gambling advertising, with an emphasis on strengthening consumer protection and reducing harm. The move towards stricter regulations is fueled by a desire to better safeguard consumers and curb the negative impacts of gambling.

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An error by a federal judge soon after sportsbooks launched in Florida lawmakers on the budget committee along with recipients of state funding as well as Gov. Ron DeSantis have scored a rather large victory in court – worth at least $2.5 billion and as much as $6b by some estimates.

A three-judge panel on the D.C. Circuit Court of Appeals has rejected a challenge to the 2021 state/tribal gaming compact in Florida that authorized the Seminole Tribe there to offer mobile sports betting. The practice was banned soon after books opened for business in 2021 and online sports betting in the state has been deemed in violation of the law since that time.

Sports Betting Could Open Back Up in Florida Right Away

However, that could change at any time with the new ruling. Sportsbetting could return to Florida virtually overnight.

In a nutshell, the judges decided that any conflict with the opposing party needed to be settled under state law as none of the assertions made actually had anything to do with federal law. So, while it may appear to be a landmark decision, it was really more of a venue correction than anything else in the final analysis and an appeal by the plaintiffs could send the industry right back into a death spiral at any time with a challenge to the decision and an injunction.

The Seminole Tribe applauded the decision but stopped short of saying it would resume sports betting right away.

A lawyer representing the casinos that had challenged the compact pointed out what the plaintiff side saw as nonsensical – according to Hamish Hume, the court had somehow “recognized” that federal gambling laws “cannot authorize gambling off of Indian lands, but then upheld a compact that purports on its face to do exactly that.”

The legal counsel stated, “We respectfully disagree with that decision, and are evaluating our possible next steps.”

The federal appeals court’s reversal of a lower court judge’s order was personally and politically important for Florida Governor Ron DeSantis because he personally lobbied lawmakers to pass the compact in 2021.

A spokesman for the governor stated: “While we are not surprised the lower court’s perplexing ruling was unanimously overturned, this is great news for Florida,” Mahon said in an email to Politico. “We will continue working with the Seminole Tribe of Florida to ensure the success of this historic compact — the largest gaming compact in US history.”

A spokesman for the Seminole Tribe said of the most recent decision: “The Seminole Tribe of Florida is pleased with today’s unanimous decision. It is a positive outcome for the Seminole Tribe and the people of Florida and for all of Indian Country. The Tribe is fully reviewing the decision to determine its next steps.”

New Compact Also Authorizes Table Games

In addition to authorizing sports betting the “new compact” also allowed the tribe to offer table games such as craps and roulette to its existing slots casinos and to build at least one more casino on its reservation the Hollywood area which already has a Hard Rock Hotel & Casino.

In the ruling that blocked implementation of the compact, D.C. District Judge Dabney Friedrich decided the compact was beyond what the laws allowed because it let people place sports bets anywhere in the state – which could be a violation of federal law that govern gambling on Tribal lands.

The impetus of the adverse decision was a pair of lawsuits brought by an anti-gambling group active in Florida, another that focuses primarily on the southern part of the state and casino competitors. Plaintiffs had sued U.S. Secretary of the Interior Deb Haaland, who didn’t block the compact but instead took no action and allowed it to automatically come into effect after some time as prescribed by law.

The erring judge also determined that it would take a new citizens’ initiative to authorize sports betting under the premise that voters passed a law in 2018 that required any expansion of casino gambling without a citizen’s initiative – that law was supported by both Disney Corp and the Tribe.

The Tribe and DeSantis relied on the legal theory that bets processed on servers physically situated on tribal lands were indeed placed “on the Reservation”. The Trump-appointed judge called that a “fiction” and stated that: “When a federal statute authorizes an activity only at specific locations, parties may not evade that limitation by ‘deeming’ their activity to occur where it, as a factual matter, does not.”

The panel of D.C. appeals court judges in essence said that neither argument mattered in this instance: “Whether it is otherwise lawful for a patron to place bets from non-tribal land within Florida may be a question for that State’s courts, but it is not the subject of this litigation and not for us to decide.”

“We hold only that the Secretary’s decision not to act on the Compact was consistent with <federal law>,” wrote Wilkins who added, “We express no opinion as to whether the Florida statute ratifying the compact is constitutional” under Florida law.

The balance of arguments raised by the litigants against the legality of the compact was also summarily dismissed as a ‘matter for state courts to decide’.

Source: DeSantis scores big legal win upholding $2.5B gambling deal with Florida tribe, Politico, June 30, 2023

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