The Council On Compulsive Gambling of New Jersey (“CCGNJ”), represented by Lionel J. Frank, Esq., is a non-profit corporation of the state of New Jersey focused on helping disordered gamblers and their families receive counseling, treatment and support through the 1-800-GAMBLER® helpline since 1983. CCGNJ’s helpline services have become increasingly sought after as legalized gambling has exploded in New Jersey and throughout the United States.
Advertisements encouraging betting on all kinds of sports and online gambling games are omnipresent. Vulnerable people hoping to make a quick buck or become rich over night are seduced by these constant advertising solicitations. Some gamblers become the victim of these advertisements, jeopardizing family savings with disastrous financial consequences and dire repercussions to family unity and economic security.
In an effort to bring counseling services to even more U.S. gamblers, CCGNJ entered into a comprehensive, non-exclusive, license agreement with another non-profit organization in Washington, D.C., named the National Council on Problem Gambling (“NCPG”), in June 2022 (“License Agreement”). The License Agreement was for an initial term of three (3) years and provided that NCPG could renew the agreement for a second three (3) term by providing CCGNJ with six (6) months prior written notice by certified mail. NCPG inexplicably failed to do so. Because of NCPG’s failure to renew, CCGNJ’s position was that the License Agreement terminated.
NCPG then filed a lawsuit on July 11, 2025 and requested that a temporary restraining order (“TRO”) be issued in the New Jersey Superior Court claiming, among other things, that only it was in a position to continue to operate the 1-800-GAMBLER® helpline in the United States and should be permitted to continue to do so even though it did not renew the License Agreement. The requested TRO was unfortunately issued by the court before CCGNJ could be heard to oppose the application.
Hearing and Trial Court Decision
At the hearing held on September 22, 2025, CCGNJ argued that:
1. The TRO should be vacated because NCPG failed to renew the License Agreement in strict compliance with its express terms, and the established legal standards governing injunctive relief had not been satisfied.
2. A comprehensive affidavit submitted by CCGNJ’s Executive Director demonstrated CCGNJ’s extensive experience and technological capability to continue operating the 1-800-GAMBLER® helpline independently.
3. NCPG failed to establish a reasonable probability of ultimate success on the merits, as required under governing legal precedent.
The trial judge agreed and vacated the TRO. The court ordered NCPG to cease and desist from using the 1-800-GAMBLER® helpline and service mark, prohibited interference with CCGNJ’s operation of the helpline, and dismissed NCPG’s Complaint.
NCPG promptly filed two emergency applications with the Superior Court of New Jersey, Appellate Division, seeking a temporary stay of the trial court’s Order and a full appellate review. The Appellate Division denied both applications.
NCPG then filed an emergency application with the Supreme Court of New Jersey seeking to stay the Order vacating the TRO and requesting further review. The Supreme Court also denied the application, noting CCGNJ’s certification that it could continue operating the 1-800-GAMBLER® helpline in all fifty (50) states without interruption of service.
Continued Operation and Confirmed Rights
The decisions of the trial court, the Appellate Division, and the Supreme Court of New Jersey have proven correct both factually and legally. Since September 22, 2025, when the TRO was vacated, CCGNJ has continued to provide uninterrupted counseling services to disordered gamblers and their families.
The courts have confirmed CCGNJ’s ownership and exclusive right to use the 1-800-GAMBLER® service mark and helpline, ensuring continued access to vital support services for individuals affected by gambling addiction and the harm it causes to families.
