Las Vegas, Nevada (PRWEB) December 5, 2007
In the potentially law redefining case of 1st Technology, LLC vs. Bodog Entertainment Group, S.A., on Nov. 28 (1st Technology, LLC v. Bodog Entertainment Group, S.A ., Superior Court for State of Washington, County of King, Case No. 07-2-25305-0 SEA), a federal magistrate judge in Las Vegas ruled in favor of a motion initiated by the defense team stating that Bodog Entertainment Group, S.A. is not a resident of Nevada, and therefore is not subject to examination under Nevada law.
Additionally, the magistrate judge also ruled that Calvin Ayre, founder of BODOG (unrelated to Bodog Entertainment Group, S.A.) is also not required to appear for examination (because he too is not a resident of Nevada). Thus, the magistrate denied a contempt motion by 1st Technology, LLC, and found that Ayre cannot be in contempt of court for failing to appear in Las Vegas for an examination (as previously stated in press efforts from 1st Technology and its public face Scott W. Lewis.)
A number of details have also come forward in the litigation during the recent weeks, importantly reinforcing that the asset-less defendant, Bodog Entertainment Group S.A. is a now defunct company which was used to provide domain management services to various BODOG businesses. This right has now been withdrawn, and BODOG is now in the process of requiring Bodog Entertainment Group, S.A. to stop using BODOG and related trademarks. This will provide further clarity about the actual companies involved in the ongoing lawsuit.
"This has been an interesting case, and as it progresses, there seems to be plenty of compelling facts emerging. With the recent ruling in favor of the defense, I'm happy that it was also clarified by the judge that I am, by law, not personally in contempt of any order from the Nevada court," said BODOG Founder Calvin Ayre.
In a parallel case in the state of Washington, the defense lawyers are also in the process of seeking clarity on the law of domain name ownership rights, and specifically, whether domain names are "property" that can be subject to seizure to satisfy a judgment. The outcome of this inquiry could have important implications for the interests of international domain owners registered in Washington state, where there are several prominent domain name registrars. The outcome also has the potential to undermine the business viability of Washington State domain registrars. This could possibly lead domain name owners to opt to move their businesses to other states with more favorable legal structures or out of the U.S. altogether and into more domain name protective jurisdictions such as the European Union.
In Virginia, home of one of the largest domain registrars in the world, courts have established that domain names are not seizable assets, and thus like trademarks, are not subject to seizure. This persuasive precedent from Virginia courts have been presented by the defense team to the Washington court. Notably, in no previous known instances, has an operating international company had its domain names seized and shut down in the U.S. without notice (as happened to Bodog Entertainment Group, S.A.)
BODOG Founder Calvin Ayre is closely following the case and is regularly reporting and commenting on it on his blog http://www.calvinayrelife.com.
Bodog, with its head office located in Antigua, is licensed in the United Kingdom and Antigua. Bodog Entertainment Founder Calvin Ayre, recognized as a world authority on branding in digital entertainment, was featured on the cover of Forbes magazine's best-selling 2006 "Billionaires" issue. Bodog (http://www.bodoglife.com) offers a host of entertainment services, comprising: online gaming which includes Poker, Casino and a host of other gaming products; an international record label, Bodog Music; a million-dollar band search competition and accompanying TV series, Bodog Battle; a publishing division (with an online magazine, Bodog Nation, and blog, Bodog Beat; and an international television division, Bodog TV which produces reality series, such as Bodog Fight and Calvin Ayre Wild Card Poker. For more information, contact Media Relations at firstname.lastname@example.org. BODOG is a registered trademark. The Bodog brand is operated for gaming in North America by Morris Mohawk Gaming Group under License.
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