Kentucky Supreme Court overturns ruling

The battle between Kentucky and the online gaming industry took a new turn last week after the southern state’s Supreme Court ruled against the owners of 141 seized domain names.

Kentucky has been attempting to seize website names associated with online gambling such as AbsolutePoker.com, BodogLife.com, DoylesRoom.com, FullTiltPoker.com and PokerStars.com since September of 2008 but was blocked in January by the Kentucky Court Of Appeals in a case brought by a number of industry groups including the Interactive Media Entertainment And Gaming Association (iMEGA), the Interactive Gaming Council and Sportsbook.com.

However, the state appealed and the Kentucky Supreme Court, after hearing oral arguments in October, has now overturned the earlier decision, which found that the domain names couldn’t be classed as gambling devices under local law.

The Kentucky Supreme Court also stated that iMEGA and the Interactive Gaming Council had no standing in the case because they had not informed the body of their membership.

“Because the parties seeking the writ (of prohibition) have failed to demonstrate that they have standing to do so, this Court reverses, though this does not foreclose the possibility of future relief,” wrote Justice Mary Noble.

“While the Interactive Gaming Council claims to represent 61 of the seized domains and iMEGA purports to represent 'some' more, this Court cannot simply take their words for it.”

“In the written decision, the Court clearly indicates they agree with our arguments and are inviting us to re-file so that the technicality of the standing issue can be resolved,” said Joe Brennan, Chairman for iMEGA.