Commonwealth of Kentucky, et al. v. Interactive Media Entertainment & Gaming Association, et al.

Opinion of the Court By Justice Noble Reversing


EFF, et al., urged a Kentucky Court of Appeals in November of 2008 to vacate a lower court's order authorizing the seizure of more than 100 Internet domain names associated with websites operating around the globe.

In a move to combat what it viewed as illegal online gambling, the Commonwealth of Kentucky convinced a state court to "seize" 141 domain names because the names allegedly constituted "gambling devices" that are banned under Kentucky law... Unless the sites screened out Kentucky users, the court held, the seizure order was proper.

In its amicus brief...EFF, et al., argue that the First Amendment, the Commerce Clause, and the Due Process Clause of the Constitution prohibit state courts from interfering with Internet domain names that were registered and maintained outside the state.

On January 20, 2009, the Kentucky Court of Appeals granted the consolidated petitions for writs of mandamus, overturning the trial court's order...

..On January 21, 2009, the Commonwealth of Kentucky filed a notice of appeal...

On April 2, 2009, the Commonwealth filed its appellant brief with the Kentucky Supreme Court. On April 17, 2009, EFF., et al., filed a new amicus brief in opposition ...

Update: On March 18, 2010, the Kentucky Supreme Court reversed the Court of Appeals' order granting the consolidated petitions for writs of mandamus, holding that (iMEGA) and the (IGC) lacked standing to challenge the circuit court's seizure order. The Supreme Court explicitly noted that it was not ruling on the merits of the challenges, and that an identified appellant -- i.e., an individual or entity that owns an affected domain name -- could return to the Court of Appeals and renew a challenge.

Please see full order reversing below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Decision | State, 6th Circuit, Kentucky | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Electronic Frontier Foundation | Attorney Advertising

Written by:


Electronic Frontier Foundation on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.