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Online Casino Looks to Virginia Precedent

The Bodog Entertainment Group, S.A. is getting nitty-gritty in a previous patent litigation case that amounted in the confiscation of the online casino poker site’s domain name as a way for 1st Technology to collect the $47 million default judgment previously awarded by a Nevada court. Though the online casinos poker group has since changed its domain name (after 1st Technology shut down the site last month) and is continuing to operate internet poker under the Bodog brand, lawyers for Bodog Entertainment, S.A. have now taken the case back to the Washington court that authorized 1st Technology to confiscate Bodog domain names. Bodog’s lawyers are motioning for the court to look at Virginia legislation as case precedence.

Specifically, case precendence in Virginia courts indicate that regardless of the fact that an online casino site is involved in the dispute, domain names cannot be transferred to another company.  Transferring domain names that represent registered trademarks (as is the case with first Technology taking over control of Bodog.com) violates U.S. trademark laws.

In the Bodog case, 1st Technology now has control over the Bodog domain names, yet 1st Technology can never operate a site on that domain name, online casinos related or otherwise, without violating the U.S. trademark laws that protect Bodog Entertainment Group S.A.'s name and likeness.

This is the crux of the recent case that the online casino group Bodog has brought to the Washington court against 1st Technology. And Bodog lawyers are encouraging the court to consider that Virginia has more experience with Internet domain name related cases. Virginia courts have more experience with emerging Internet issues because Network Solutions is located in Virginia and is one of the largest domain name registration companies in the United States.