Expert insight for the gambling sector
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Contents 2
Introduction
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Regulatory
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Corporate
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Technology
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Interplay between games/gambling
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Payments
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Data protection and privacy
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EU law
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Sponsorship and image rights
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Advertising
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Brand and IP management
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Commercial and IP litigation
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Incopro
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Introduction
Wiggin’s gambling pedigree 2
Wiggin LLP traces its roots back to 1973 when a group of lawyers left their City firm to practise law in a different way, a way that harked back to the days when mutual trust and confidence developed between lawyer and client over many years. Specialist media and technology firm Wiggin’s approach attracted clients from the burgeoning media and technology sectors so that, by the late 1990s, we had established ourselves as a premier specialist media and technology firm, advising on every area of the acquisition, dissemination and consumption of digital content and enjoying the confidence of global media clients such as US film studios, cable, satellite and digital terrestrial media businesses. The birth of internet gambling The turning point for the gambling practice came in the early 2000s when the advent of high-speed broadband offered entrepreneurs the chance to offer gambling over the internet, television and mobile platforms. These entrepreneurs didn’t deal in bricks-andmortar betting shops, casinos and arcades in any traditional way, but in the wholly different areas of connectivity, brand-building, rich digital content, e-marketing, e-commerce and customer relationship management. The businesses all assumed an international dimension and had to navigate their way through a bewildering multiplicity of jurisdictions, licences and regulation, most of which were in no way prepared for the revolution in behaviour sparked by broadband and convergence.
Wiggin offered those businesses a deep and intimate, ready-made understanding of all the new business areas due to its media and technology pedigree. We rapidly added unrivalled regulatory, tax and corporate expertise to our skillset, as well as an extensive network of specialist international contacts, to enable us to become an integrated, multi-disciplinary, one-stop shop for digital gambling businesses operating across multiple jurisdictions. Expert insight Today, Wiggin represents many of the most successful businesses in the digital gambling ecosystem: from poker platforms, betting operators, games licensors, payment processors, bingo operators, data and service providers to the industry, to television broadcasters, publishers and sports businesses that provide gambling as an offering to their digital customers. We support our clients on regulatory, commercial and corporate matters and offer the largest dedicated gambling team in the market - many of whom are acknowledged as leading experts in their fields. We hope that the pages that follow will provide useful background on the experience of what is widely-recognised as the market’s leading gambling team.
Jason Chess T: +44 (0)20 7927 9676 E: jason.chess@wiggin.co.uk
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Regulatory
A lighter shade of grey?
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As has always been the case for the gambling industry, regulation continues to drive strategy, expansion and consolidation. A few years back when Europe, particularly, marched towards regulating online gambling, it was generally perceived that any respectable operator would embrace regulated markets and adapt their business accordingly. The exposure to unregulated markets (or the more negatively described “grey” markets) was seen as a burden to be shifted. However, as the European Commission has dithered in properly addressing the protectionist stance of a number of Member States, the value of an entirely regulated revenue stream is increasingly questioned. Blending regulated and unregulated revenue It is interesting to read analysts’ reports these days, commenting on exposure to unregulated markets. It seems the most sophisticated operators will pursue a strategy of blending regulated and unregulated revenue. Regulated markets can be expensive in terms of tax but also less “commercial” as a result of the legal small-print such as product restrictions or limitations on player activity that all chip away at operators’ profitability. Unregulated markets bring with them risk, be it genuine legal risk and/or perceived reputational risk. But with knowledge and diligence (not only of gambling laws but AML laws and the like) such risk can be understood and mitigated.
Ongoing assessment The cathartic exercise undertaken by the industry in 2014 at the behest of the British Gambling Commission, which required operators and suppliers to fully understand the legality (or otherwise) of the revenue streams that they were generating, has created more certainty in the industry around its legal position. But it is an ever changing environment and there are likely to be regulatory, technological, product and economic developments that need to be assessed and understood on an ongoing basis by any operator pursuing a sophisticated unregulated market strategy. However, exposure to unregulated markets can cause difficulties with financial service providers, other regulators and, potentially, investors and the legal and regulatory quirks are not for everyone. Private equity, by way of example, likes the revenue streams but tend not to be so keen on the risk. That said, the London stock market still provides a home for operators with substantial unregulated markets revenues, including some from jurisdictions where the tone is a darker shade of grey. The industry continues to pursue business that does not neatly fall into the “affirmative legality” of any other business sector. In doing so, it will always remain a mystery to some, a maverick to others and forbidden fruit for many.
Stephen Ketteley T: +44 (0)20 7927 6647 E: stephen.ketteley@wiggin.co.uk
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Corporate
Another wave of consolidation or seismic changes? Trends in gambling M&A
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There has been a wave of consolidation over recent times with the acquisitions of Sky Bet by CVC, Jackpotjoy by Intertain and Openbet by NYX, together with the high profile mergers of Ladbrokes and Gala Coral, Betfair and Paddy Power, in addition to GVC and Bwin.Party. However, close followers of the industry know that, particularly in the online sector, there has been a constant stream of M&A activity over the last 10 years. Much of the activity has occurred at the mid-market level with strategic investments and bolt-on acquisitions having a significant cumulative impact. Some waves of consolidation have been bigger than others but the sea has rarely been calm. But what has been driving the latest round of deals and what trends can we identify from the tie-ups?
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Corporate
Drivers for recent M&A activity Operators and suppliers alike have been drawn to M&A activity because of the evolving challenges facing the online gambling sector: uu The competitive landscape has driven up the costs of player acquisition (including marketing) and retention. uu The patchwork of international gambling regulation, especially the shift from .com to .local, has forced even the largest operators to focus their operational capability and marketing firepower on fewer jurisdictions. uu The introduction of new gambling taxes in regulating and existing regulated markets (such as the UK’s point of consumption tax) has threatened to challenge margins in existing regulated markets and those which are just beginning to regulate. It seems that many industry participants have concluded that scale achieved through acquisition is the best way to overcome these hurdles and to maintain, and hopefully grow, margins. However, without funding, the larger scale corporate activity would, in many cases, be confined to the drawing board. Ironically, it is the growing maturity of the online sector that has created the challenges mentioned above but which has also unlocked the funding needed for the bigger transactions, with the likes of CVC (Skybet), Blackstone (Amaya) and Cerberus (GVC) deploying equity and debt funding.
The availability of funding has created a seismic shift in the ability for online businesses to expand by acquisition. Furthermore, the valuation principles applied over the last 18 months will have an impact on deals for years to come. Trends in recent M&A activity Although the motivations behind each merger, acquisition or investment are different, there are some trends which can be seen. uu Importance of synergies – many merger participants place a great deal of emphasis on synergies in order to drive value but management teams will need to ensure they remain equally focussed on customer experience and innovation. uu Multi-brand strategy – it will be interesting to see how the multi-brand strategy forced upon acquirers unfolds with logic dictating that different brands will be used for different markets and/or products. uu Omni-channel – operators and suppliers alike have placed a great deal of emphasis on the need to create a seamless customer journey across their retail, desktop and mobile offerings. However, operators remain heavily reliant on their suppliers in making this a reality. uu Regulated vs unregulated – we have yet to see a big tie-up between operators with a distinctly regulated and unregulated market focus respectively. There have been some signs of convergence between the valuation multiples being applied to regulated and unregulated revenue in the public markets. Will a regulated market focussed operator be willing to kick-start a new strategy in unregulated markets through acquisition?
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uu Reliance upon suppliers – will the high profile in-house developments being undertaken by operators in tandem with investments in their platform providers give them more control over their own destiny? The huge challenges presented by platform migrations have been a factor in merger discussions. Getting buy-in from a key supplier will be key to any integration strategy. Unlocking new sources of funding has been the key in driving the latest wave of M&A consolidation in the gambling industry. For every challenge thrown up through regulatory and other changes in our maturing industry, there are further opportunities for growth for operators and suppliers and no signs of let up in the transactional activity at all levels. Picking the right deal, and no less crucially, successfully executing complex integration strategies will be a key factor in determining who will sink and who will swim.
David McLeish T: +44 (0)20 7927 9692 E: david.mcleish@wiggin.co.uk
Ben Whitelock T: +44 (0) 20 7927 9697 E: ben.whitelock@wiggin.co.uk
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Technology
Key technology threats and opportunities facing the gambling industry In addition to the existing challenges of getting to grips with big and small data services, blockchain and cloud infrastructures, Artificial Intelligence (AI) and Virtual Reality (VR) are of growing significance. Artificial Intelligence Artificial Intelligence technologies have made enormous strides forwards and AI is one of the hottest tech topics for online businesses. The Google backed “Deepmind” AI software machine (Alpha Go) recently succeeded in beating the world master (9 dan professional) Lee Sedol in the ancient game of Go. This is important because commentators had previously predicted that such an outcome wouldn’t happen until 10 years from now, such is the complexity of the game. The machine used self learning algorithms to play against itself thousands of times to identify the optimum game play options to adopt in the competition. Even closer to home, researchers from University College London have devised AI technology that incorporates a series of reinforcement algorithms that are able to play Texas Hold’em and a simplistic Leduc poker. The UCL team, which includes one of the techies from the Alpha Go team, claims that its technology has already approached the performance of human experts and can use state-of-the-art methods in its gameplay. Wise online gambling companies will pay close attention to these developments. The opportunity for players to use AI assistance in online gameplay to give themselves an unfair advantage is just around the corner. Perhaps it’s time to brush up those user terms and conditions, and partner with suppliers who can help identify and exclude machine players.
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Virtual reality headsets 2016 is the year of the virtual reality headset with numerous platform manufacturers making these headsets and the tech that runs them available for the first time this year. The technology promises to bring a fully immersive experience to users, including holographic applications including virtual teleporting (which allows users to occupy the same virtual space as someone thousands of miles away). The manufacturers of these devices need developers to create engaging content and some big names (including Sky) are rising to this challenge, creating content that is purpose built for the VR experience. This presents an exciting opportunity for gambling applications developers, who can steal a march on the opposition by creating what is essentially a brand new format for online gameplay. This opportunity is already being grasped by a few innovators with companies like Riftsino working to offer players the 360 degree experience of entering a virtual reality casino. Key to success in this ‘new world’ will be striking the right deals with brands, production houses and the platform providers.
Shaun Lowde T:+44 (0)20 7927 9683 E: shaun.lowde@wiggin.co.uk
David Naylor T: +44 (0)20 7927 6642 E: david.naylor@wiggin.co.uk
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Interplay between games & gambling
eSports: video-games and gambling
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The video-gaming industry continues to grow with recent estimates suggesting that it now generates more revenue than the film industry. The preconception of video-games being a console-based pastime enjoyed by a few is now wildly inaccurate; mobile technology and apps mean that millions of people are now gamers, whether they embrace the label or not. eSports and video game mini-games The explosion of the video-gaming industry in recent times has brought with it new challenges, not least, the uneasy relationship between video-games and gambling. This can be seen in two discrete circumstances: the emergence of, and ability to wager on, eSports; and the panoply of mini-games within video-games coupled with sophisticated micro-transactions and in-game economies. eSport is a spectator activity where individuals playing video-games compete against other gamers. In essence, to borrow a sports analogy, if eSports is the Olympics then gamers are athletes and Call of Duty could be the 110m hurdles. The challenge facing the video-gaming industry is that there are already leagues (Electronic Sports League and Major League Gaming), which allow players to compete against one another via many video-games, such as Call of Duty, League of Legends, Super Smash Brothers and Mortal Kombat. eSports have already taken off and some betting operators currently feature markets to allow customers to bet on the outcome of these games.
In addition to eSports, there is also an increasing tendency for video-games to feature minigames within the video-game world whereby players can stake in-game currency to win further currency. These mini-games may incorporate elements of chance and whilst they may be presented in such a way that bears no resemblance to cards and dice, they may nevertheless attract the increasing interest of gambling regulators. There is a potential for a perfect storm here given the potential appeal to minors of videogames. The explosive collision of child-focused games and entertainment and anything remotely close to gambling will ensure the wider entertainment industry faces more and more scrutiny from the world’s gambling fraternity. Striking an appropriate regulatory balance As eSports fulfil its promise and becomes the next “big thing�, regulatory challenges will emerge. The video gaming industry would be wise to assess how the social gaming industry kept the gambling regulators at bay with a combination of education and commercial prudence. We look forward to working with the industry to help ensure that an appropriate balance is struck between protection of minors and the promotion of innovation.
Patrick Rennie T: +44 (0)1242 631342 E: patrick.rennie@wiggin.co.uk
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Payments
Regulatory risk The growth of mobile has been accompanied by innovation in digital payments and a proliferation of new alternative payment types available to gambling merchants and their customers. Of course, traditional card payments are still ubiquitous as are viable alternatives such as eWallets, but new payment methods emerge all the time and tend to attract a particular user base in unregulated markets where more established methods tend to struggle. It is notable that a number of high-profile acquisitions in the payments space (Datacash, Envoy, PaysafeCard, Skrill) have been of PSPs that were underpinned by a success in supporting the remote gambling market through development of innovative cross-border solutions.
Whether driven by a desire to protect a local monopoly or to enforce a new regulatory regime, regulators will increasingly look to the payments sector to prevent the flow of funds to operators that they do not consider to toe the local regulatory line. This is accompanied by a backdrop of no realistic prospect of harmonisation of gambling legislation throughout the EU, while the pace of change in the regulation of gambling at a global level remains relentless. With that in mind, now more than ever, banks and PSPs which support the gambling industry are seeking to get under the regulatory skin of the different markets in which clients/merchants operate. Without a good understanding of the regulatory regimes and applicability of local law, exposure to risk increases. However, armed with a well thought through and constructed risk rationale, the gambling industry offers a wealth of opportunity to payment businesses who can find that right balance between risk and reward.
Jason Fisher T: +44 (0)1242 631331 E: jason.fisher@wiggin.co.uk
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Payments
Getting ready for PSD2 Gambling operators will want to assess the potential impact of the new Payment Services Directive (PSD2) on their businesses. PSD2 must be implemented in the national law of EEA member states by 18 January 2018 - well within the IT development window of the larger corporate groups. Two new payment services have been introduced to those created by the first PSD, and various important changes have been made to the territorial scope as well as new authentication and security requirements for all types of regulated service.
Operators will wish to consider now whether any of their functionality constitutes a “payment initiation service” in order to either restructure their operations or apply for the appropriate authorisation. Equally, it will be important to consider whether a cashier page might itself constitute a “payment instrument”, such that one or other group entities might need to be authorised to “issue” or host that page. Issuing payment instruments also brings with it the obligation to make certain disclosures about the cost of the competing payment methods.
It is likely, for instance, that operators customer gaming or betting accounts are considered “limited network” payment services, to the extent that they carry a balance. Under PSD2, such programmes which operate in the EEA and turnover more than €1m a year would need to be registered with either the operator’s home state authority (if the operating entity is based in the EEA) or in each EEA member state from which the service is offered from outside the EEA. The relevant financial regulator must then inform the European Banking Authority, which will publish a list of such limited networks. The regulator must also decide whether the limited network exemption genuinely applies, and notify the operator if the conclusion is negative. In this event, there is no provision for an orderly transition to full authorisation or registration as an agent of an authorised firm, or for an authorised PSP to become the operator (by transfer or otherwise) or for the orderly winding down of the affected scheme. Accordingly, these are options to consider before PSD2 takes effect.
We would suggest an initial discussion with any operators about the nature and scope of their payments functionality and the relevant changes under PSD2, during which we can help identify any immediate issues and next steps.
Simon Deane-Johns T: +44 (0)781 8412764 E: simon.deane-johns@wiggin.co.uk
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Data protection and privacy
Getting ready for 2018 Data protection and privacy is an ever more prominent issue for gambling companies today. At present, data protection law is governed by dated legislation first passed by the EU in 1995 and implemented in the UK three years later. Data protection is finally being reformed by the General European Data Protection Regulation (GDPR). The GDPR will come into force in Summer 2018 and will replace existing data protection laws across Europe. There has been extensive literature on the GDPR and the increased obligations it will place on companies, as well as (arguably too much) focus on the new sanctions. Whilst the increased sanctions may serve to make organisations take more notice, it is our role to assist both operators (and suppliers, which will be caught for the first time by the GDPR) in updating their current practices to ensure that when the GDPR come into force they are compliant. Ensuring compliance with the GDPR There are many approaches companies can take in order to ensure compliance with the GDPR. We have substantial experience in assisting gambling organisations undertake a ‘data audit’ to ensure appropriate levels of compliance. The precise approach and internal/external involvement varies from business-to-business but we believe that this is the best first step for companies to take to identify and address any changes which will be required under the GDPR. Of course, data protection compliance will not begin with the GDPR. Companies should be aware of their existing responsibilities to both staff and users (or their licensee’ users). One issue we commonly come across is the transfer of personal data outside of the EEA (particularly between group entities).
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In summary, all gambling organisations must ensure data protection compliance and this will only demand greater attention in the near future. Our experienced team is well-placed to help organisations across the eco-system navigate this complex area and adopt pragmatic, cost-effective approaches to achieving and ensuring ongoing compliance.
Patrick Rennie T: +44 (0)1242 631342 E: patrick.rennie@wiggin.co.uk
EU law
Upcoming developments As a law firm which closely monitors legislative and regulatory initiatives in Brussels, Wiggin is well positioned to advise clients not only on the implications for their businesses, but also on how to shape such developments. In Brussels, the ongoing legal proceedings against Member States for restricting the supply of gambling services must be seen against the backdrop of the Commission’s grander project: the Digital Single Market. Operators are readying themselves to take advantage of these exciting developments.
by the CJEU in the recent Sebat Ince case (C-336/14), monopolies are not inherently incompatible with EU law.
European Commission Infringement Proceedings
Beyond the Commission’s legal actions, its Digital Single Market strategy will have an impact on the gambling industry. As noted in the European Parliament’s 2014 “Cost of non-Europe” study, a unified European online gambling market would bring benefits of over 5 billion euros per year. The potential for panEuropean licensing remains a long way off and is practically impossible in the short/medium term given the ongoing protectionist stance adopted in relation to gambling by Member States. However, the measures announced under the Digital Single Market strategy should remove at least some of the commercial and legislative barriers to cross-border digital trade within the EU, assisting gambling companies interacting with the EU’s 500 million consumers.
The infringement proceedings opened in November 2013 by the European Commission against seven Member States for restricting the supply of gambling services remain open. Where such proceedings ultimately come before the Court of Justice of the European Union, operators do have possibilities to be heard and should be in close contact with the relevant Commission services. Belgium, Cyprus, Czech Republic, Lithuania, Poland and Romania are pushing ahead with reform and have themselves engaged in dialogue with the Commission, but the Commission has not yet announced that it is closing any of the cases. The proceedings against Sweden, in relation to its gambling monopoly and specifically its sports betting and online poker games, were escalated in 2014, when the Commission referred the case to the CJEU. Sweden has also engaged in reform of its gambling laws and is considering further reforms, including abolishing the monopoly in favour of a licensing model; however, as held
Further developments are expected this year. Infringement proceedings may be opened in May 2016 against a number of further Member States, possibly including Germany whose exclusion from the 2013 targets was criticised at the time. The Digital Single Market: Implications for the Gambling Industry
Ted Shapiro T: + 32 (0)2 892 1100 E: ted.shapiro@wiggin.co.uk
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Sponsorship and image rights
Increasing exposure to your brand Sports sponsorship has evolved from what was once a simple marketing trick to raise awareness to a multi-billion pound, worldwide, business. In particular, as the popularity and appeal of football has increased (not least demonstrated by the Sky and BT £5.136 billion, 3-year TV deals with the English Premier League), major global companies look to increase exposure to their brand via this growing audience. It’s not just the sponsorship of the sports clubs themselves, their stadia and kit, but a variety of other sponsorship packages such as social casino games partner, global betting partner, or casino resort partner, and, of course, the sponsorship of the competitions themselves. A variety of these deals are attracting the attention of bookmakers, online gambling sites and casinos. Although the British authorities are rather strict on gambling operators’ sponsorship activities (only companies with a UK remote gambling licence are permitted to advertise to British consumers), it is legal for bookmakers to sponsor teams, such as Premier League clubs. In addition to the regulatory issues (and any competition-specific rules regarding
sponsorship), any contract between a brand and a club is likely to be peppered with morality clauses; contractual assurances that the parties will stay clear of actions impacting upon their reputations; precisely drafted category exclusivity; and comprehensive details around the inventory and level of exposure, all of which will need careful consideration. Similarly, although endorsement deals with players can be difficult as the clubs themselves are bound by both Premier League and HMRC regulations, commercial partnerships with high-profile individuals are on the increase. Practically speaking there is no such thing as a specific “image right” but there is clearly value in brands using the name, likeness, image, autograph, voice and other personal characteristics of athletes and other celebrities in association with their products. Gambling operators need to tread carefully given the regulatory constraints but a well executed ambassador campaign can be a powerful marketing tool for new entrants or established brands seeking to gain traction in a particular market.
Ross Sylvester T: +44 (0)20 7927 9681 E: ross.sylvester@wiggin.co.uk
Sarah MacDonald T: +44 (0)1242 631268 E: sarah.macdonald@wiggin.co.uk
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Advertising
Greater compliance with advertising standards is the wise choice The scale and visibility of gambling advertising in the UK continues to attract public, political and regulatory attention in the UK. The Gambling Commission has sought to tighten its rules on marketing and advertising, to make clear what is fair and open and to limit exposure to the young and vulnerable. At its core, the rules are designed to ensure that gambling advertising is conducted in a socially responsible manner, recognising that excessive or irresponsible gambling advertising causes relatively widespread public concern.
The Commission reminded licensees in late 2015 of their marketing responsibilities and the requirement to comply with relevant advertising standards and codes of practice. Yet the Advertising Standards Authority is still regularly asked to consider complaints over inappropriate content, misleading promotions and unclear terms. The offer of free bets and equivalent promotions remains the subject of particular scrutiny. The regularity of the complaints suggests relatively widespread non-compliance with the current rules. The competitiveness of the British market means this issue is unlikely to go away soon. However, if operators do not start showing restraint, the regulator may well force them to do so. The new Chief Executive of the Commission has placed an emphasis on social responsibility, meaning licence-holders must be particularly vigilant about complying with the advertising standards whilst balancing the right to legitimately market their services to an adult audience.
Chris Elliott T: +44 (0)20 7927 9680 E: chris.elliott@wiggin.co.uk
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Brand and IP Management
Strategic brand protection exploitation & management Whether you’re a leading brand wanting to prevent others from piggy-backing on your market recognition, or you’re licensing-in brands to add a degree of familiarity and maximise revenues, the more proactive you are in managing the brands you use, the more value you can generate. Although it may be tempting to adopt characters or game brands which have proven popular in other fields of entertainment (for example), doing this without a licence or carrying out proper due diligence could result in you ending up on the wrong side of an infringement claim or facing regulatory issues. Taking upfront advice and carrying out trade mark searches is a good way of avoiding infringement risks. On the other hand, the downside to adopting generic brands is that they can be difficult to protect. The moment a game becomes popular, the focus turns to how the operator might prevent others from releasing games with a similar look-and-feel or under a similar name. By then it’s often too late and some value may be lost. There’s merit in having a strong portfolio of brands (whether proprietary or licensed-in), but the right balance needs to be struck. Betting and gaming businesses must protect, manage and exploit their brands and we would emphasise the efficiency of working with a trade mark team that demonstrates genuine sector knowledge. By acting in a strategic way when approaching IP protection, our advice will add real value.
Gurminder Panesar T: +44 (0)20 7612 7701 E: gurminder.panesar@wiggin.co.uk
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Commercial & IP Litigation
A safe bet for enforcing your rights The need for product differentiation and strong brand identity in the betting and gaming sector is of critical importance. In the digital world, in particular, harnessing the value of IP and the power of technology is key. But with the commercial opportunities that the internet brings come increased risks. Online IP infringement is rife and, if it remains unchecked, can greatly damage brand equity and reputation. Online gambling services and mobile applications are prime targets for hackers, infringers and individuals engaged in other illegitimate activities. Developing a well-thought out enforcement strategy is crucial in order to address this issue. Key threats and challenges must first be identified and assessed. Where necessary, IP infringements in both the online and ‘real’ world need to be followed up with targeted and effective enforcement action. Whether it’s copyright, trade mark or design right infringement, or a domain name dispute, it’s important to identify the best legal route to pursue. It goes without saying that IP isn’t the only area where betting and gaming operators have to manage risk – whether they’re domestic or international, issues can include everything from promotions and consumer disputes to collecting what is due when your JV partner reneges, managing the commercial fallout from deals worth millions of pounds, to recovery of extra costs where a supplier has let you down. OFCOM or the ASA might not like your advertising, your star might not turn up on the day, or your suppliers might threaten to pull out at the last minute.
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Operators need to ensure they issue letters of intent and deal terms designed to protect their businesses and seek support on the risks that present themselves at the termination of tieups and in the management of post-acquisition conflicts. It’s also crucial to protect your confidential data and to carefully consider B2B payment terms in order to protect and defend your business. There are many issues that can arise and being an expert in litigation is not enough in its own right. Operators need to seek advisors who understand their business and work in partnership with them to provide innovative solutions, to challenge legal boundaries where relevant and to pursue non-litigious action where that is the most commercially sensible course.
Rachel Alexander T: +44 (0)20 7927 9689 E: rachel.alexander@wiggin.co.uk
Caroline Kean T: +44 (0)20 7927 9673 E: caroline.kean@wiggin.co.uk
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Comprehensive and intelligent brand protection Incopro’s Talisman technology tracks, ranks and prioritises online IP infringements (copyright, design rights and trademarks) in real time, enabling operators to achieve the scale of enforcement coverage that they need, providing a targeted and intelligent approach, which reduces the seeming complexity of enforcement. Talisman is supported by Incopro’s multilingual team of analysts who speak an array of languages including Mandarin, Cantonese, Arabic and Russian. The analysts are overseen by leading experts in IP law and law enforcement intelligence. This approach ensures total effective online protection for rights holders. Incopro’s Talisman technology tracks, prioritises and solves the following threats: uu Hacked code uu Abuse of paid search to mislead customers by piggybacking on your brand uu Using a domain name with your trademark or setting up rogue look-a-like websites uu Fake apps using your trademarks uu Fake merchandise
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Incopro works with clients to implement strategies that actively manage the issues associated with online IP infringement – brand damage, loss of revenue, the targeting of potentially vulnerable customers and the contravention of industry safety standards. Incopro can enable operators in the betting and gaming industry to: uu Protect brand equity and reputation globally; uu Demonstrate CSR and improve consumer trust; uu Increase efficiency and efficacy of enforcement – an end to end solution; uu Reduce costly out of system legal action; uu Target resources where needed; uu Optimise revenue and marketing investment.
Incopro
Incopro Limited was founded by Wiggin to build on our market leading position in online IP protection. The company was created by Simon Baggs (Head of IP at Wiggin) and Bret Boivin (formerly of Warner Bros.) and now employs over 35 people in London.
Simon Baggs T: +44 (0)20 3051 0495 E: simon.baggs@incopro.co.uk
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Key contacts Jason Chess Partner
Steve Ketteley Partner
T: +44 (0)20 7927 9676 E: jason.chess@wiggin.co.uk
T: +44 (0)20 7927 6647 E: stephen.ketteley@wiggin.co.uk
David McLeish Partner
Ben Whitelock Partner
T: +44 (0)20 7927 9692 E: david.mcleish@wiggin.co.uk
T: +44 (0) 20 7927 9697 E: ben.whitelock@wiggin.co.uk
Jason Fisher Senior Associate
Patrick Rennie Associate
T: +44 (0)1242 631331 E: jason.fisher@wiggin.co.uk
T: +44 (0)1242 631342 E: patrick.rennie@wiggin.co.uk
Chris Elliott Associate T: +44 (0)20 7927 9680 E: chris.elliott@wiggin.co.uk
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