The owner of internet poker firm PokerStars has filed a motion to dismiss the state of Kentucky's attempt to seize the web domain of its biggest poker property back in 2008.
The court motion filed in a Kentucky court by The Rational Group states that the suit should be thrown out because:
The Rational Group has never been provided with notice that its Pokerstars.com domain was to be seized.
The company has never been given an opportunity to challenge the seizure order before a competent judicial authority.
That the state of Kentucky does not have jurisdiction over out-of-state located domain registrars or holders.
That the seizure was ineffective, as evidenced by the fact that federal officials seized the supposedly Kentucky-seized domains in 2011 in the Black Friday enforcement actions...a fact that Kentucky has already conceded.
Kentucky's definition of gambling devices as applying to domain names was and is far too broad. The Rational Group claims that the Kentucky Court of Appeals and the state Supreme Court have not shared the view that domain names are gambling devices in related court proceedings.
That the actions taken by the state of Kentucky undermine the principles governing trademark rights in the United States, and raise serious constitutional questions relating to interference in global commerce, freedom of speech and extra-territorial activity.
Casino Listings will update this story as the court developments occur.