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TheDomains.com

Kentucky Supreme Court Says Trade Groups Still Do Not Have Standing To Contest Domain Name Seizures

September 24, 2010 by Michael Berkens

According to Gamblingcompliance.com, the Supreme Court of Kentucky “ruled yesterday that two trade groups representing over 60 of the internet addresses in question did not have standing to litigate on behalf of those addresses or their owners.”

Back In March of this year, the owners of TruePoker.com allowed the Interactive Media Entertainment and Gaming Association and the Interactive Gaming Council to provide their to the court, in an attempt to satisfy the standing requirement

“If a party that can properly establish standing comes forward, the writ petition giving rise to these proceedings could be re-filed with Court of Appeals,” the Supreme Court decreed in March.”

“Both groups did as told, and on March 26, the Appeals Court sent their cases back to the Supreme Court.”

“Although Thursday’s ruling denied IMEGA and IGC standing for a second time, the Supreme Court did acknowledge that its recommendations to both groups seven months ago had “created some confusion”.

“In light of that confusion, the court has agreed to give the trade groups another shot at establishing standing – this time before the Franklin County Circuit Court, where the domain-name dispute began in September 2008.”

“I think the Supreme Court was understanding about why IMEGA and IGC went to the appellate court,” Anthony Cabot, a Las Vegas gaming attorney not involved with the case, told GamblingCompliance.

“The court acknowledged that the language in their opinion was not clear, so it’s not like they’re gaming anybody,” he added. “They just said that the circuit court is where the factual dispute over standing should be resolved.’

“Jon Fleischaker, a Louisville attorney retained by IMEGA, told GamblingCompliance he was “surprised” by the Supreme Court ruling after following its instructions to the letter in March.”

“Obviously, in the Supreme Court, we would have liked a decision on the merits,” he said.

So this case if obviously going to continue for quite a while with a lot of twist’s and turns.

We will keep you posted.

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Filed Under: Legal

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

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Comments

  1. TheBigLieSociety says

    September 24, 2010 at 2:11 pm

    “give the trade groups another shot at establishing standing…”

    Of course, more money for the “Legal Community”

    45,000 new attorneys graduate each year in America, what are they all going to do? That is 150 per day ?

  2. steve says

    September 24, 2010 at 3:10 pm

    they have to make their money to, scumbags.

  3. TheBigLieSociety says

    September 24, 2010 at 3:50 pm

    @steve
    “they have to make their money to…”

    Have you noticed, when the money is removed from the picture, the lawyers vanish?

    There are hundreds of other name.spaces, The.Legal.Community shows little interest.

    If Microsoft floods the market with FREE domains, things may change.

  4. Bruce says

    September 25, 2010 at 9:27 am

    Just yesterday I received a “cease and desist” letter from the lawyer representing an organization that I had written a review of, and had placed as a page on my website. Their issue I think was that I’d also placed an image and link to a related affiliate product they didn’t care to be associated with. I don’t think I did anything illegal, but as I have access to legal advice I just took the page down.

    I do hate being bullied though…especially by some obscure lawyer hiding behind a threatening email….


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