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TheDomains.com

Kentucky File Response to iMEGA In Domain Seizure Case

November 7, 2008 by Michael Berkens

Today the Commonwealth of Kentucky filed a response to iMEGA motion for Intermediate relief with the Kentucky Court of Appeals.

The Commonwealth main arguments are that iMEGA does not have standing to represent any of the domain names as they are not the owner of any of the domains. iMEGA is a trade association who according to the Commonwealth, “has not identified a single domain defendant which is owned or operated by one if its members”.

The Commonwealth second basis for asking the Appeals court to deny iMEGA petition is that the trial court by its own decision, is stayed until the forfeiture hearing scheduled for December 3rd is heard.

Therefore the Commonwealth contends there is no irreparable injury that can be shown since all action is stayed until the hearing and that all DNS information is current and all sites resolve.

The Commonwealth refutes the argument that the court violated the first amendment right to free speech saying that gambling is illegal and therefore there is no first amendment right to free speech when the activity is illegal.

The Commonwealth make no attempt to distinguish the activities of the “illegal gambling sites” from Kentucky own “legal” gambling site Twinspires.com

Filed Under: Uncategorized

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. Damir says

    November 7, 2008 at 10:55 pm

    It is typical individuals in the Government create problems instead of solving them.

    TRUE Leaders solve problems.

    There is a saying – stupid is stupid does.

    The man who has no imagination has no wings. – Muhammad Ali

    What other domain names will be taken next?

  2. Kentucky 141 Update says

    November 10, 2008 at 11:43 am

    […] For more details, visit The Domains blog. […]


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