An attempt by US casino giant Bally’s Corp’s to trademark its name for potential use in Australia has been blocked because a local lawn bowling club known as “The Bally” has beaten them to it.
Bally’s Corp is in the midst of an AU$300 million (US$195 million) takeover of Australian casino operator Star Entertainment Group and has flagged a name-change as one potential step forward for Star’s assets in NSW and Queensland.
However, the trademark issue – first reported by The Sydney Morning Herald on Monday but quickly picked up by multiple news and current affairs programs – may determine Star’s long-term branding.
Balgowlah Bowling Club, located on Sydney’s north shore, is known by locals as The Bally and now holds the trademark after Secretary Manager Tony Wagener moved to protect the name last September – a decision he describes as pure coincidence given Bally’s Corp’s subsequent Star rescue package.
“I don’t really see any businesses as bigger or more important – we just like the name, and we trade under it, so I thought we’d better trademark it,” he told The Sydney Morning Herald. “Everyone calls it The Bally.”
Bally’s Corp was informed on 5 June that its name too closely resembled “The Bally” and therefore could not be trademarked because “consumers are likely to confuse your services, and those of the earlier trademark, as originating from the same, or similar, trade source.”
Bally’s Corp opted against publicly commenting on the issue when approached by Inside Asian Gaming on Monday, although Wagener told The Sydney Morning Herald that he would be open to discussions with the US casino giant.
If so, “We would explain the case that we also use that name and we’re an Australian company and have been using it for quite some time,” he said.
“We don’t have any [slot] machines or any form of gaming permanently at the club – our model is more traditional, sort of food and beverage, music, bowls and functions.
“We do a lot of fundraisers, a lot of community events. We have exercise classes. We don’t trade off any sort of gambling revenue at all.”
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