As we had already mentioned, the Federal Patent Court has approved the cancellation of the trade mark "LOTTO" for games of chance. The "Deutsche Lotto- und Toto-Block", the cartel of state providers had now filed complaint with the Federal Court of Justice (BGH). The Federal Court of Justice - as last instance court - recently approved its cancellation (decision of the 19th of January 2006, case-no. 1 ZB 11/04). "LOTTO" had to be regarded as a descriptive indication of an object. It could not be regarded as a reference to its operational origin. Regarding the designation of a product such as "LOTTO" this could only be the case, if the predominant part of commerce regarded it as a reference to a particular operator. A state monopoly such as it exists in Germany did not change its meaning into a reference of origin.

The "Gambelli" decision unfolds its effect outside the EU as well, as we had already mentioned in no. 17 of our Newsletter "German Gaming Law updated". Parallel to the provisions of the EC-Treaty, the freedom to provide services and the freedom of establishment are part of the treaty on the European Economic Area (EEA) concluded between the EU-Member States and the EFTA-States. The EFTA Supervisory Authority the equivalent of the EU-Commission, brought action against Norway on March 13th 2006, after the Norwegian government had failed to comply with a comprehensively argued decision by the Supervisory Authority. Meanwhile the writ was served by the EFTA-Court (case-no. E-1/06). Norway was called upon to reply until the 18th of April 2006.

The first quarter of the year 2006 has not passed yet, but in view of tomorrow's pronouncement of the long awaited fundamental judgement by the German Federal Constitutional Court, it is clear that this is the year of decisions. The Federal Constitutional Court's decision will certainly result in some kind of liberalisation, though the question of its extent remains open. How is the Federal Constitutional Court going to balance its reasoning, taking into account the freedom to choose one's profession as well as police law (youth protection, the protection from gambling addiction etc.). We will be able to give you a first appraisal after the judgement's pronouncement tomorrow.

On the 29th and the 30th of Mai 2006 the most comprehending event regarding the sports-betting market will take place in Germany. The Federal Constitutional Court's decision and its impact will play a vital role. Attorney-at-law Martin Arendts from ARENDTS ANWÄLTE law office specialised in Gaming Law will give a lecture and is at your disposal for any questions.
The event will be arranged by the renown organiser Euroforum in cooperation with the German sports publishing house.

A city hotel's bid to convert most of its ground floor into a casino was today branded a loser. Thistle Hotels chiefs want to introduce the money-spinning wheeze in four London properties and a network of 12 provincial hotels, including its branch on the corner of Hagley Road and Portland Road in Edgbaston.

Harrisburg, Pennsylvania - With an expansion of gambling stalled elsewhere in the country, major gambling interests have set their sights firmly on Pennsylvania, where hearings will soon begin on competing proposals for slots parlors from Pittsburgh to the Poconos. Though table games won't be allowed, up to 61,000 slot machines will be — enough to draw interest from the biggest names in gambling.

The Turkish Mayor of Mersin, which is located opposite of the North-Eastern part of Cyprus, wants to realize a Casino in his Erdemli district. Mayor Mutlu said, according to the Anatolia news agency, that it might be regarded as a bit unusual since he is a conservative and a supporter of the ruling Justice and Development Party (AKP), wich has an Islamic pedigree. Noting that if such a proposal were to be accepted, it would open the door for foreign currency access to Turkey.

Plans to build a "super casino" in Blackpool have passed their first milestone, by getting the full backing of the local council. Roy Fisher, Blackpool Council leader, said it was "one of the most important decisions the council will make".

A Gaming Control Board member said that a television network's plan to hold a weekly poker tournament in downtown's Neonopolis could need a gaming license, a requirement that would kill the project. Gaming Control Board Member Mark Clayton said Thursday that FOX Sports Net had not approached casino regulators and investigative staff in connection with having poker tournaments played at Neonopolis.

Czechs who want to place a healthy wager on their country's chances at the soccer World Cup in Germany this June might be able to do so from the comfort of their own homes. The Finance Ministry plans to set rules that would legalize Internet sports betting for the first time, and those rules "should be worked out by mid-2006 at the latest," says Finance Ministry spokesman Jaroslav Růžek.

Tory council leader Ken Taylor has reached an impasse with his party's bigwigs over their refusal to lobby for more pilot supercasinos. He's failed to persuade party leader David Cameron to do a U-turn nationally on Tories' opposition to having more than one pilot supercasino.

SkyCity Entertainment Group managing director Evan Davies says it is a case of when, rather than if, mergers and acquisitions take place among sharemarket-listed Australasian gambling companies. He told a Trans Tasman Business Circle lunch in Auckland that industry consolidation was inevitable. But he was unaware of any impending moves by industry players and SkyCity was not at present considering any potential acquisitions.