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The regulator concluded that the central figure’s youthful facial features, casual styling and excited demeanour gave the impression he was in his late teens or early twenties.
As such, the ad violated rule 16.3 of the CAP Code (Edition 12).
Midnite’s operator, Dribble Media Ltd, stated that the ad had not been authorised by their company. They cited discrepancies in branding and asserted that it was created and disseminated by an affiliate, Limay Media Ltd, without Midnite’s approval.
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“During prosecution, the Examiner did not apply the material prior art or straightforward combinations presented here, which render every challenged claim obvious,” according to a DraftKings filing with the patent office.
Citing U.S. code, the gaming company is pushing for an inter parties review while requesting that the board find the 18 claims in question “unpatentable.”
Patent squabbles, including those pertaining to geolocation services, aren’t unheard of in the online gaming space. How things shake out in the Cantor Fitzgerald/DraftKings spat remains to be seen, but it’s possible the deck is stacked against the gaming company.
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“This agreement strengthens our premium positioning while underlining our long-term commitment to Mexico, a market with an extraordinary passion for the NFL,” said Carlos Sabanza, director of sponsorships and public relations at Codere Online.
By aligning with the NFL, Codere seeks to leverage marquee live events to boost customer engagement and enhance its offerings through unique fan experiences.
Mexico is one of the NFL’s most important markets outside the United States and a core market for Codere Online.