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Florida Targets Fantasy Sports Firms Over Possible Illegal Betting Games

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Florida gambling regulators have sent cease-and-desist letters to three daily fantasy-sports operators accused of offering potentially illegal mobile betting games and threatened legal action if the sites don’t immediately stop.

Commission Executive Director Lou Trombetta sent letters warning the three companies that they “may be offering or accepting illegal bets or wagers” from Floridians and “may be promoting and conducting an illegal lottery.”

The alleged conduct is “strictly prohibited in Florida and constitutes criminal activity,” Trombetta wrote.

The letters targeted Underdog Sports, LLC, which is based in Brooklyn, N.Y; SidePrize LLC, also known as Performance Predictions LLC, doing business as PrizePicks, which is based in Atlanta; and Betr Holdings, Inc., which is based in Miami.

In fantasy sports, players can draft rosters of actual athletes, with the winners of fantasy games determined by the statistics of the athletes. Many games, like office pools, last all season.

The three companies offer what are known as “parlay-prop-style” games that could be more similar to sports-betting games that are off-limits in Florida.

“Under Florida law, betting or wagering on the result of contests of skill, such as sports betting, including fantasy sports betting, is strictly prohibited and constitutes a felony offense unless such activity is otherwise exempted by statute,” Trombetta’s letter said. “Accordingly, in Florida, sports betting may be lawfully conducted only pursuant to a gaming compact. … Further, receiving such illegal bets and wagers and aiding or abetting such criminal activities constitute separate felony offenses. … Lotteries are also strictly prohibited in Florida.”

A gaming compact is an agreement reached with the state.

The commission did not send letters to DraftKings and FanDuel, which have dominated the fantasy-sports market in the decade since the online games launched.

It was unclear Friday if the commission would crack down on other operators in the future, but emails show the gambling overseers could be casting a broad net.

“As you might imagine, my exec team asking what the letter means and seeking actionable advice, pretty urgently. Would like to discuss the substance at some point, but if you can help with one question, it would be great. Namely, Underdog operates multiple paid fantasy formats (season-long drafts, daily drafts, pick’em) and I just want to confirm my reading of the letter, which is that the legal conclusion applies to all paid fantasy contests — e.g., all of our contests — and not just particular types,” Nicholas Green, Underdog’s general counsel, wrote Friday to Ross Marshman, the commission’s general counsel.

“Your reading of the letter is correct,” Marshman replied.

John Lockwood, an attorney hired by multiple operators, warned that other companies could be swept up in the crackdown.

“The commission staff confirmed to me that the language in the letter broadly applies to all paid fantasy sports contests, and they are not aware of any paid fantasy sports company operating legally in Florida. We disagree on the merits and will be working with the commission and potentially the Legislature so we can ensure Florida sports fans can continue to play,” Lockwood said.

State lawmakers in the past have grappled with creating regulatory oversight for the fantasy-sports industry, to no avail. Proponents of fantasy sports have insisted that the contests are games of skill, not chance, and thus are legal under state gambling laws.

Trombetta issued the letters as a legal battle continues over a 2021 compact reached by the state and the Seminole Tribe. That deal gave the tribe control over sports betting in Florida.

A “hub and spoke” plan in the agreement would allow gamblers anywhere in the state to place bets online, with the wagers run through servers located on tribal lands. The deal requires sports betting to be “exclusively conducted” by the Seminoles but allows other operators to run fantasy sports contests.

Owners of West Flagler Associates and Fort Myers Corp., doing business as Bonita Springs Poker Room in Southwest Florida, filed a lawsuit challenging the compact, saying it violated federal law and would cause a “significant and potentially devastating impact” on their operations.

A federal judge in Washington, D.C., in November 2021 ruled that the deal violated a key Indian gambling law. But a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia in June reversed that decision. The appellate court last week denied a request for what is known as an “en banc” rehearing before the full court.

The pari-mutuel owners filed a motion saying they would ask the U.S. Supreme Court to weigh in, arguing the panel’s decision conflicts with other appellate rulings and “enables an extreme shift in public policy on legalized gaming that, once started, may be difficult to stop.”

Aviator Studio

Aviator Studio Secures Significant Legal Victory in Brazil as Federal Court Suspends Spribe’s Aviator Trademark Rights

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Aviator Studio has achieved a significant legal victory in Brazil after a Federal Court ordered the suspension of Spribe’s trademark registration for “Aviator,” recognizing the strength of Aviator Studio’s claims related to the grounds of invalidation of Spribe’s trademarks.

The decision, issued by the 18th Federal Civil Court of the Federal District, prevents Spribe from relying on the exclusivity rights arising from Brazilian trademark registration No. 501759803 until a final judgment is rendered.

The ruling follows legal action brought by Aviator Studio Brazil, which demonstrated that the Aviator trademark had been created and used years before Spribe obtained trademark protection in Brazil. The court acknowledged evidence showing that the Aviator brand originated in Georgia in 2016 and was formally registered there in 2018, years before Spribe’s Brazilian registration.

Importantly, the court also took note of previous judicial decisions in Georgia that invalidated Spribe’s registration of the Aviator trademark and confirmed the rights of the original trademark owner.

“This decision represents an important step in protecting the Aviator brand and enforcing intellectual property rights internationally. In practical terms, this means that, until the final resolution of the Spribe’s trademark invalidation proceedings, Spribe will no longer be able to continue it’s disruptive practices against operators, including sending threatening letters or initiating legal actions related to the use of Aviator Studio’s trademark.” comments George Pruidze, CEO of Aviator Studio. “We remain committed to defending the integrity of the Aviator brand and ensuring that its legitimate ownership is recognized across all jurisdictions.”

Aviator Studio will continue pursuing all available legal measures to safeguard its intellectual property rights and protect the integrity of the Aviator trademark worldwide.

The post Aviator Studio Secures Significant Legal Victory in Brazil as Federal Court Suspends Spribe’s Aviator Trademark Rights appeared first on Americas iGaming & Sports Betting News.

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Benjamin Bradtke Co-Founder of ThrillTech

ThrillTech lands Gibraltar B2B supplier licence

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Approval from HM Government of Gibraltar’s Gambling Division lets the supplier serve Gibraltar-licensed iGaming operators.

ThrillTech has been granted a Gambling Services (B2B) Licence by the Gambling Division of HM Government of Gibraltar, allowing the supplier to provide its opt-in jackpot and mystery reward products to regulated iGaming operators licensed in Gibraltar.

The company said the licence supports its international expansion plans and will enable it to deploy its ThrillPots™ product with additional operators in the jurisdiction, which hosts a number of tier-one betting and gaming brands.

Benjamin Bradtke, Co-Founder of ThrillTech, said: “Securing a B2B licence in Gibraltar is an important step for ThrillTech and a testament to our market-leading jackpots technology. Gibraltar is home to some of the industry’s most prestigious operators. This approval not only accelerates our global expansion strategy but now allows us to provide these major operators with new layers of player engagement which generate incremental revenue.”

ThrillTech said it seeks market-specific licences and certifications because its side-bet jackpots operate independently of operators’ core casino games and betting products. The company added that its jackpots are powered by a proprietary, certified RNG and do not alter core game RTP, with funding coming from opt-in player contributions.

According to ThrillTech, its regulated market licences and certifications also include the United Kingdom, Sweden, the Netherlands, Romania, Malta, Peru, and Brazil.

The post ThrillTech lands Gibraltar B2B supplier licence appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.

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Betting and Gaming Council

BGC Calls on Tech Giants to Protect Consumers from Illegal Gambling Sites

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The Betting and Gaming Council (BGC) has issued an open letter to Britain’s leading technology platforms calling for urgent action to tackle the growing threat posed by illegal gambling operators online.

The letter, signed by BGC Chief Executive Grainne Hurst, warns that black market gambling websites are increasingly using social media platforms, search engines, messaging services and digital advertising networks to reach consumers in Britain, including people who have self-excluded from gambling and those seeking support.

The intervention follows warnings from Gambling Commission Executive Director Tim Miller, who earlier this year highlighted the continued presence of illegal gambling advertising online, including promotions for so-called “not on GamStop” operators.

The BGC argues that illegal operators are exploiting digital platforms to access UK consumers while operating entirely outside the regulatory framework designed to protect them.

Unlike regulated operators, black market gambling websites are not licensed by the Gambling Commission, do not carry out customer protection measures, do not contribute to research, prevention and treatment services through the statutory levy, and do not pay UK tax.

Analysis by WARC suggests illegal operators now account for almost half of all gambling advertising spend in Britain and could overtake the regulated sector entirely by 2028. Separate analysis by H2 Gambling Capital forecasts that stakes with black market operators could grow from £17bn today to £33bn by 2028.

Grainne Hurst, Chief Executive of the Betting and Gaming Council, said:

“The harmful black market is growing at an alarming rate, and illegal operators are exploiting online platforms to target British consumers.

“Technology companies have some of the most advanced tools, data and expertise in the world. The question is no longer whether this problem can be addressed, but whether enough is being done.

“Every consumer drawn towards an illegal operator is being pulled away from the protections of the regulated market.

“We are calling on technology platforms to match the scale of the threat with the scale of their response.”

In the open letter, the BGC calls on technology companies to proactively identify and remove illegal gambling advertising, invest more resources in disrupting black market operators, strengthen cooperation with regulators and law enforcement, increase transparency around enforcement activity and work collectively to prevent vulnerable consumers being targeted by unlicensed operators.

The post BGC Calls on Tech Giants to Protect Consumers from Illegal Gambling Sites appeared first on EE Gaming | Global iGaming & Tech Intelligence Hub.

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