Kentucky Domain Name Seizure Case Scheduled for Monday

December 05, 2010 | News Category: Gaming Law

0 Comments

The Kentucky online casino domain name seizure case will be back in court on Monday, December 6th 2010. The court case is just a few days away, and it is still unclear exactly who will be appearing for the online gambling domain names.

The case was sent back to the original court it was tried in, with the original Judge, Thomas Wingate. The case had already been heard in a higher court, at which time the Kentucky attorneys filed to have the two main organizations that have been standing for the domain name owners removed, claiming that they did not have legal standing in the case. Until now, iMEGA (Interactive Media Entertainment and Gaming Association) and the IGC (Interactive Gaming Council) have been the organizations that have been looking after the interests of the online gambling domains that Kentucky had tried to seize back in 2008.

The Kentucky attorneys have provided a short list of the domains, with the initial domains that were seized falling in the first group. They have asked that the owners of these groups step forward, and appear in court. The whole situation is somewhat concerning since the case is going to be seen by the original judge, who had ruled that the domain names could be seized, even though his decision had been overturned in a higher court. This essentially takes things back to square one, which is a very frustrating place to be for the online gambling domain name owners.

The list of domain names that are meant to be dealt with on Monday includes PlayersOnly.com, SportsInteraction.com, Sportsbook.com, LinesMaker.com, and My Sportsbook. At this time, the owners have not publicly stepped forward, which is not surprising, since the whole situation reeks of entrapment, and the Commonwealth of Kentucky is simply using whatever fear tactics they can in order to force the hand of the domain name owners.

Online gambling domain owners are correct in being afraid to come to a trial that is to take place on US soil. The federal government has already taken a very hard line with foreign online gambling companies, and has managed to extract huge sum of money from some of the larger companies in order for them to avoid prosecution. The whole situation, however, is somewhat warped because the companies have been prosecuted for business they conducted in the US before the UIGEA (Unlawful Internet Gambling Enforcement Act) was even enacted.

It is not as if Kentucky is opposed to gambling as it is, since the state allows horseracing, and is the home to the famous Kentucky Derby. It is simply that the state wishes to preserve their horseracing income, and do not want any competition. Should Judge Wingate rule the same way he did before, the domain name owners would then need to file a federal appeal.