Judge declares Bodog not subject to Nevada Law

Calvin Ayre

Chalk one up for Bodog. In the potentially precedent-setting case of 1st Technology, LLC vs. Bodog Entertainment Group, S.A., on Nov. 28, a federal magistrate judge in Las Vegas ruled in favor of a motion initiated by the defense team stating that Bodog Entertainment Group is not a resident of Nevada and is therefore not subject to examination under Nevada law.

Bodog founder Calvin Ayre also got some good news, as the judge ruled that he is also not required to appear for examination because he too is a non-resident of the state. It's worth noting that Bodog is unrelated to Bodog Entertainment Group.

Overall it's a positive step for Bodog that the contempt motion filed by 1st Technology, LLC, was successfully rebuked.

"This has been an interesting case and as it progresses there seems to be plenty of compelling facts emerging," said Bodog founder Calvin Ayre. "With the recent ruling in favor of the defense, I'm happy it was also clarified by the judge that I am, by law, not personally in contempt of any order from the Nevada court."

During the case a number of details came forward that importantly reinforced the fact that the asset-less defendant, Bodog Entertainment Group S.A., is a now-defunct company which was used to provide domain management services to various Bodog businesses. This right has now been withdrawn and Bodog is in the process of requiring Bodog Entertainment Group, S.A. to stop using "Bodog" and related trademarks.

Currently there is a parallel case involving Bodog in the state of Washington, in which defense lawyers are in the process of seeking clarity on the law of domain name ownership rights and whether domain names are "property" that can be subject to seizure to satisfy a judgment. 1st Technology, LLC, is also behind this case.

Bodog's defense team is hoping that domain names will not be found as property that can be seized. The outcome of the case will likely have serious implications for domain name owners in the future.

In Virginia courts have already established that domain names are not seizable assets and thus, like trademarks, are not subject to seizure. Interestingly, there are no previous instances known in which an international operating company has had its domain names seized and shut down in the U.S. without notice, as happened in this case to Bodog Entertainment Group, S.A.

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