iMEGA Defending Domain Names
December 10th, 2010 | Published in Casino News
The Commonwealth of Kentucky filed a motion for a case management order of 141 domain names in November 2010. The Commonwealth attempted to break down the domain names as they would be easier to manage in small groups. The gaming industry is aware that it would be much easier to persuade the domain owners if they are completed in small groups. iMEGA has stepped in again to assist the domain name holders.
iMEGA filed an intervention motion on December 6th for the domain name owners by creating a 13 page plea that sculpted a case from three points:
- Illegal acts
- Lack of subject matter jurisdiction
- Representing member interest
The first point outlined the case management order results in a procedure not permitted by law and against the Kentucky Supreme Court. This point indicates the entire request should be dismissed. iMEGA further points out the motion is a forfeiture of a hearing by a different name.
The second point reviews the lack of subject matter jurisdiction. The actions by the Commonwealth do not have a basis anywhere in Kentucky law so the Court does not have enough subject matter jurisdictions to continue with the case. The third point discusses that iMEGA is simply representing the interests of its members for any claims filed against them.
iMEGA attorneys clarified they have fulfilled all conditions set by the Kentucky Supreme Court to represent the domain holders. The Supreme Court asked iMEGA to prove one domain name owner is an actual member. As a result, Yatahay Limited provided proof of ownership for the domain name, truepoker.com. Therefore, the issue of iMEGA should not cause any issues in court.
Based on these results, Judge Thomas Wingate granted permission to iMEGA to intervene. The follow-up hearing is set for December 13th, 2010. When iMEGA initially challenged the order Judge Wingate ruled against iMEGA stating they had no business representing domain names. This matter was elevated to the Supreme Court but then passed back down to Judge Wingate.
iMEGA is simply supporting its customers through representation. These actions are no longer common in business. iMEGA is engaging in an excellent deed for their members and will hopefully come out on top of the case. Since many of the domain name holders do not know the procedure, iMEGA is going out of their way to represent them in a strong and rightful manner.