iMEGA Files Notice of Appeal Regarding Kentucky Domain Seizure

Written by :

C Costigan

Published on :

4 April, 2012

The Interactive Media Entertainment & Gaming Association (IMEGA) has submitted a Motion of Appeal regarding the Commonwealth of Kentucky’s attempt to seize 141 Internet domain names related to online gambling, some of which are no longer being utilized or have since been seized by the US Justice Department.

On March 8, Judge Thomas Wingate ruled that no party with adequate standing had presented themselves to contest the forfeiture order issued nearly four years ago.

Wingate granted the Commonwealth permission to seize all 141 domain names on the basis that such Web gambling sites directly targeted citizens of Kentucky and harmed that state’s own gambling enterprises, including Churchill Downs.

An Appeals Court ruled against Wingate and the matter has dragged on since that time.

The majority of sites have since switched over to the .EU and .AG extensions in light of recent ICANN policy actions.

One of the world’s largest online gambling firms, PartyGaming.com, is also named in the seizure order despite not having taken bets from Kentucky citizens during the period cited.

COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT DIVISION II

CIVIL ACTION NO.: OS-CI-1409

COMMONWEALTH OF KENTUCKY ex rel. J. Michael Brown, Secretary, Justice and Public Safety Cabinet

NOTICE OF APPEAL 141 INTERNET DOMAIN NAMES

PLAINTIFF

DEFENDANTS

NOTICE IS HEREBY GIVEN pursuant to CR 73.03 that Interactive Media Entertainment and Gaming Association, Inc. ("iMEGA") hereby appeals to the Kentucky Court of Appeals from this Court's Order of Forfeiture of Domain Defendants entered on March 8, 2012.

Appellant shall be Interactive Media Entertainment and Gaming Association, Inc., and

the Appellee shall be the Commonwealth Justice and Public Safety Cabinet.

of Kentucky ex rel. J. Michael Brown, Secretary of the

Respectful submitted,

Jon L. Fl ischakr R. Keny n Meyer James L Adams Anthony M. Zelli DINSMORE dk SHOHL LLP

101 South Fifth Street, Suite 2500 Louisville, Kentucky 40202 Telephone: (502) 540-2300 Facsimile: (502) 585-2207 Counsel for Interactive Media Entertainment d'c Gaming Association, Inc.

- Chris Costigan, Gambling911.com Publisher

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