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Bodog on Offensive Asks Court if Domain Names are Property as Patent Case Continues

by PokerPages.com
Tue, Nov 27th, 2007 @ 12:00am

The Bodog Legal team, in an offensive move to recover domain names for its online poker and online gaming sites, filed a motion asking the Washington court handling the ongoing dispute between 1st Technologies and Bodog Entertainment Group SA a very interesting question: Are Internet domain names considered 'property' that can be subject to seizure to collect on a judgment?

Bodog Entertainment Group, S.A. (which is not the operator of the Bodog online entertainment businesses or domain names) maintains they are not.

The motion, which was filed November 13 in the same court that originally ordered the confiscation of numerous domain names incorporating Bodog and related trademarks in a $47 million default judgment, asks the court to answer that question because it is not currently addressed by Washington state law.

On this basis, Bodog asks the court to reconsider its prior ruling granting a writ of execution which permitted 1st Technology LLC to seize thousands of Internet domain names, including those domain names incorporating Bodog trademarks.

Defense team lawyer James Nguyen, an entertainment, intellectual property and Internet law specialist at Foley & Lardner LLP, explained in an article on Online-Casinos.com, that "In a number of jurisdictions, trademarks are not considered assets that are subject to seizure."

Nguyen went on to say that the domain names which incorporate the Bodog and related trademarks cannot be transferred because those domain names could not be used by a third party (such as anyone who might purchase the domain name through an Internet auction) without infringing on Bodog trademarks.

"If a court does not have the power to permit seizure of trademarks, it likewise should not have the power to seize or transfer domain names which contain those trademarks," Nguyen said.

"Because there are no current legal decisions in Washington about this important point, the defending legal team is asking the Washington judge to look to established law in the state of Virginia, which holds that domain names should not be subject to seizure.

"The state of Virginia is an appropriate jurisdiction for legal reference, because the second largest domain name registrar in North America, Network Solutions, is located in Virginia. Virginia courts thus have considerable experience with Internet domain name legal issues."

"We are confident that defendant's legal team can articulate these facts in addition to convincing the Washington judge to take consideration of the established Virginia law with regards to domain names," the article quotes Bodog Founder Calvin Ayre as saying.

"This is a groundbreaking case in the muddy waters of Internet law, and we are confident that we have many aspects in our favor to [get] some clarity on this issue and have our domains returned to us," he added.

Click here for original November 26 article on Online-Casinos.com.

Read Related Articles:

  • Bodog Poker in License Deal with Morris Mohawk -- Is it Baiting the Patent Trolls?
  • Bodog Loses Domain Name in Patent Suit: Poker Now on NewBodog.com
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