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Full Tilt Poker makes a legal pre-emptive strike

10/23/09 - In an interesting parallel story to the Kentucky hearings, LexisNexis Butterworths reported on a legal preemptive strike through its domain name registrar but clearly aimed at the state of Kentucky...before a British court!
 
Full Tilt Poker owners Pocket Kings Limited took issue with the English domain registrar Safenames Limited and another in case EWCH 2529 before British justice Mr. Michael Furness QC, sitting as a deputy judge of the British High Court.
 
Reporting on the case, the ipkitten blog observed that Safenames was contractually responsible for pointing the fulltiltpoker.com domain name towards Pocket Kings' domain name servers. The report goes on to describe the events surrounding the Kentucky attempt to seize domain names in 2008, noting that one of the registrars ordered by the lower court Kentucky judge to surrender client domain names was Safenames.
 
Pocket Kings sought an undertaking from Safenames that it would not do any act that interfered with the use and enjoyment of its domain name. When Safenames failed to give such an assurance, Pocket Kings sued both Safenames and Kentucky and applied for a declaration that the court would neither recognise nor enforce the orders in the Kentucky proceedings for the seizure or forfeiture of the domain name.

The State of Kentucky failed to acknowledge service and Pocket Kings applied for summary judgment. Safenames said it was willing to submit to judgment on agreed terms, so long as Pocket Kings obtained judgment in default against Kentucky.
 
Lawyers for Pocket Kings argued that the jurisdiction of the state of Kentucky exercised through a domain seizure order on an English registrar would be improper in that it constituted the imposition of the criminal and public law of a foreign state on a British company.
 
Long story short, the judgement went in favour of Pocket Kings, placing the company in a strong position in the event of future domain attacks.
 
Justice Furness accepted that the action was a pre-emptive measure, finding: "The proceedings are essentially pre-emptive in nature -- in theory the claimant might have waited to see if the Commonwealth of Kentucky would attempt enforcement proceedings and then defended them.
 
"But this seems to me to be a case where the pre-emptive approach was justified. The continued use of the domain name is clearly important to the claimant's business and it is at present in a state of uncertainty as to whether the Kentucky proceedings will be enforced." 

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Gambling News :

Pokerstars Bahamas Main and High Roller Results - The inaugural PokerStars Championship Bahamas saw two big winners crowned this weekend when Christian Harder won the main event for $429,664 and Luc Greenwood took home $779,268 after taking down the $25,750 High Roller event.

Rodrigo Duterte has identified illegal gambling as his third priority - Illegal online gambling operators can anticipate tougher times in the Philippines following a directive from President Rodrigo Duterte that stamping out illegal gambling is his third most important goal after illegal drugs and government corruption.

High Hopes For Pennsylvania Online Gambling - Pennsylvania state politicians have wasted no time in getting back to work in the new legislative season, and there is renewed hope for a gambling expansion bill that includes online gambling and daily fantasy sports.

WILLIAM HILL ACCUSED OF QUESTIONABLE MARKETING TACTICS - British Labour member of parliament for Swansea East, Carolyn Harris, has described as "appalling" player-poaching techniques allegedly encouraged by the online and land bookmaker William Hill plc.

GoWild has announced the launch of its own new gaming platform - The European online gambling group GoWild has announced the launch of its own new gaming platform, providing entertainment in addition to its Microgaming games, which will now be delivered via the Quickfire platform.

UK Government Introduces Mandatory horseracing levy - The levy kicks in after the first GBP 500,000 in gross revenue has been earned by online and retail bookmaking firms and other betting organizations.

Chinese Arrested in Philippines Invalid - Representing the thirty-nine plaintiffs, defense lawyer Irene Bianca B. Distura claimed that the warrant that led to her clients’ apprehension is “invalid.”

NJ Warns No Federal Online Gambling Ban - New Jersey Senator and gubernatorial candidate Raymond Lesniak warned that any attempt to overturn a 2011 Department of Justice opinion that the federal Wire Act exclusively governs sports betting would be met with a hard-nosed reaction from his state.

Casino du Liban To Launch new online gambling platform - The venture will be in partnership with an unnamed international company, and a tender has already been launched with a deadline of January 19 to submit the proposals.

Winstar slot Pays Big Jackpot - One very fortunate online punter in Bermuda has scored a major win on the Winstar slot at the PokerStars online casino, collecting a $825,037 jackpot.

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