Both defendant and plaintiff are large gaming operators.
From May to September 2008, the defendant carried on a publicity campaign using the word "Danske Spil" in a comparable commercial. More specifically, the defendant used the slogan "Danske spil, engelske odds" (Danske Spil (the plaintiff's name), English odds).
Later, the plaintiff carried out a television marketing campaign using pictures which brought along negative associations with foreign games. For example, the campaign contained speak and not very flattering pictures of a Philippine bookmaker and a cigar-smoking general manger of a casino with associations to the Italian mafia.
The defendant stated that the plaintiff tried to give the impression that foreign gaming operators deceive their players and use mafia methods.