Whether domain names are property that can be subject to seizure to collect on a judgment is a question that has been asked in a Washington state court in the ongoing dispute between 1st Technologies and Bodog Entertainment Group SA (which does not operate the Bodog online entertainment businesses and websites). Bodog Entertainment Group does not think domain names are property.

On Nov. 13 Bodog Entertainment Group, S.A. (which is not the operator of the Bodog online entertainment businesses or domain names) filed a key motion in Washington state court - where 1st Technology, LLC obtained seizure of numerous domain names incorporating Bodog and related trademarks - asking the court to answer a question not addressed by state law: Are Internet domain names considered “property” that can be subject to seizure to collect on a judgment?

A report from Online-Casinos.com goes on to say:
“Specifically, Bodog Entertainment Group have asked the Washington court reconsider its prior ruling granting a writ of execution which permitted 1st Technology LLC to seize thousands of Internet domain names, including domain names that incorporated Bodog trademarks.

“Through its lawyers, Bodog Entertainment Group, S.A. points out that there is no previously established case law in the state of Washington which specifically permits Internet domain names to be seized or finds that domain names are “property” that can be seized under Washington law.

“Defense team lawyer James Nguyen, an entertainment, intellectual property and Internet law specialist at Foley & Lardner LLP, explained: “This is a new legal issue triggered by the emergence of Internet technology.”

“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.”

The article then goes on to say:
“Bodog Entertainment Group, S.A.’s legal team therefore argues that 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.

“As Bodog Entertainment Group, S.A.’s motion argues that 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.

“’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,’ said Bodog Founder Calvin Ayre.”

The report in Online-Casinos.com is available at online-casinos.com/news/news5757.asp. Other reports are available at allinmag.com/article.php?article=1148 and www.pokerlistings.com/bodog-strike-back-at-patent-trolls-21049.