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Bodog on Offensive Asks Court if Domain Names are Property as Patent Case ContinuesTue, 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:
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PokerStars Launches New UK and Ireland Poker Tour PokerStars.com has announced the start of a new poker tour with stops throughout the United Kingdom and Ireland. The UK and Ireland Poker Tour (UKIPT) will kick off in Galway, Ireland in mid-December, and the first event in the UK will be held in Manchester in February.
Peerless Media Agrees to Purchase World Poker Tour Enterprises According to a Monday press release, WPT Enterprises Inc., mothership of the World Poker Tour, is now the rightful property of Peerless Media, Ltd., subsidiary of online giant PartyGaming.
Tiffany Michelle and Maria Ho Hit the Amazing Race Rail After surviving six legs of the Amazing Race by the skin of their teeth, poker pros Tiffany Michelle and Maria Ho were finally eliminated in the CBS reality show's most recently aired episode. Michelle and Ho, the last women standing in the 2008 and 2007 World Series of Poker Main Events, gave reality television fans another chance to watch poker personalities compete away from the felt. Annie Duke garnered quite a following earlier in the year on another reality show competition, NBC's Celebrity Apprentice.
Isaac Baron Dominates Caesars Classic Main Event Isaac "westmenloAA" Baron ran over the final table of the Caesars Palace Classic $5,000 Main Event, amassing a huge chip lead and going home with the $246,928 first prize. It took two long days to narrow the 162-person field to the final ten. A very high percentage of the entrants were recognizable tournament circuit players, and unsurprisingly, the stacked field produced a tough final table lineup.
Tonight- ESPN shows Day Before WSOP Main Event Final Nine are Set- Oct 27 Tonight (Oct. 27) at 9pm ET, ESPN will broadcast highlights of action on the day before the Final Table of the 2009 World Series of Poker (WSOP) Main Event was set. Only 27 players remain when this one-hour show begins.
Frenchman Wins PokerStars EPT Warsaw Poker Tourney At the PokerStars European Poker Tour Warsaw No Limit Texas Hold'em main event that wrapped up yesterday, French businessman Christophe Benzimra finished first taking home 358,644 Euros in prize money, while Italian poker pro Alfio Battisti finished second in the tournament.
Vedes Conquers WPT Festa al Lago Final Table Tommy Vedes is the WPT's newest champion! Vedes outlasted 274 players to win the Festa al Lago title and the $1,218,225 first prize. Freddy Deeb, who began the final table with the chip lead, hoped to win his third WPT title and tie Gus Hansen's record. Instead, Deeb was forced to settle for 4th place, leaving room for a new WPT champ. Click here for in-depth coverage of the action and photos from the final table.
Will Hungarians Get Taxed on Poker Soon? Hungarian lawmakers have plans to tax poker winnings and regulate clubs to generate much-needed revenues during the country's worst economic crisis since the end of communism, reports Germany's Deutsche Weele.
Freddy Deeb Leads World Poker Tour Final Table The WPT Festa al Lago Main Event is down to the final six after five tough days of play. Two-time WPT champion Freddy Deeb brings the chip lead along with the benefit of his under-the-lights experience into Monday's televised final table. Deeb previously won the WPT Season III Aruba Poker Classic and the Season VII Celebrity Invitational. He also owns two World Series bracelets and has amassed over $6 million in tournament winnings. A win on Monday would add $1,218,225 to that total. Click here for photos from the felt and final table chip counts.
11 Remain in WPT Festa al Lago Main Event The fourth day of the Festa al Lago WPT $15,000 Championship began with 37 players, just ten eliminations away from the money. Though action was painfully slow at times, it hit break-neck speed before the end of the night, leaving only 11 players standing heading into Day 5. Click here for Day 4 photos and chip counts. |
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