Bodog.com is no more!

[TheLegendaryJP]

I am pretty sure I can say I have seen it all now. Unreal.

 

[DNQuest.com]

This is the biggest reverse domain hijacking i've ever seen..

Again, this is not a domain case, it is an asset siezure case. Big difference.

I am pretty sure I can say I have seen it all now. Unreal.

Think of the precedence this sets.....

• Alleged TM holder goes UDRP on a domain
• Respondant does NOT respond
• Alleged TM holder wins UDRP (almost all the time)
• Alleged TM holder goes ACPA (In hopes the respondant does not respond to lawsuit)
• Respondant does not respond
• Alleged TM holder wins default judgement and awarded monetary damages
• Alleged TM holder goes after all US based domains the domain onwer owns (regardless if it pertains to them or not)

This precedence does set that up senario. Actually, the UDRP could be by-passed alltogether and go straight to ACPA hoping the lawsuit goes unanswered. Then take every domain the domain owner has (depending on the awarded monetary amount). This could be very scary especially if Bodog is unuble to appeal the decision. If Bodog settles this matter and gives the guy money and they do not get teh decision overturned, this could be a new angle for TM holders to go. I can see TM attorneys now advising against UDRP in hopes of getting a bigger payoff at the end.

 

[DomainMagnate]

Frankly I have a feeling Bodog will get the domains back and the other guy will end up paying huge money for the revenue lost due to the domains inactivity.

That just sounds like the logical thing to happen. The whole story is ridiculous.. the guy owns the patent for online gambling I really hope Bodog wins. Otherwise it's bad news for us, if someone can fill a lawsuit, get your domains and get away with it. It might be bad for the domain industry, even though it's not about the domains there.

~MG

 

[GAMEFINEST]

Im going to miss bodog.com

 

[katherine]

Bottom line:
If you have exposure in the US and fear potential controversy
host outside the US
keep your domains with non-US registrars

No guarantee this will stop Uncle Sam, he's quite good at enforcing US laws abroad actually but this should make things a little bit more difficult for him.

 

[DNQuest.com]

Frankly I have a feeling Bodog will get the domains back and the other guy will end up paying huge money for the revenue lost due to the domains inactivity.

That just sounds like the logical thing to happen. The whole story is ridiculous.. the guy owns the patent for online gambling I really hope Bodog wins. Otherwise it's bad news for us, if someone can fill a lawsuit, get your domains and get away with it. It might be bad for the domain industry, even though it's not about the domains there.

~MG

I think Bodog will get teh names back too, it is the matter on how he gets it back. But I do not see teh patent holder being penalized at all, and why should he be penalized? The court is the one who made the decision to let this "patent holder" siezed the asset of the domain name.

As far as "getting away with it", a lawsuit was filed and Bodog had an opportunity to defend it, they did not. So it isn't like it was a sneak attack or behind closed doors. It appears Bodog made the concious decision to not respond thinking they couldn't be touched by US courts. I jsut hope they go after the patent and have it cancelled. Or at least try. But as I said before, I'll bet the next casino he goes after will respond (and probably move the domain so it can't be touched).

i was just thinking, this is like Ron Goldman going after OJ, siezing every asset he can to satisfy a judgement he won against OJ a decade ago. Goldman was recently awarded the rights to his yet unrealeased book. This is the same concept, he has a monetary judgement, he is siezing the asset to satisfy the judgement.

 

[DomainMagnate]

I think Bodog will get teh names back too, it is the matter on how he gets it back. But I do not see teh patent holder being penalized at all, and why should he be penalized? The court is the one who made the decision to let this "patent holder" siezed the asset of the domain name.

As far as "getting away with it", a lawsuit was filed and Bodog had an opportunity to defend it, they did not. So it isn't like it was a sneak attack or behind closed doors. It appears Bodog made the concious decision to not respond thinking they couldn't be touched by US courts. I jsut hope they go after the patent and have it cancelled. Or at least try. But as I said before, I'll bet the next casino he goes after will respond (and probably move the domain so it can't be touched).

Can't really argue as I lack the legal knowledge here, but common sense says if Bodog wins and decides to sue back - somebody have to pay for losses and court proceedings..
Anyway it's going to take some time till it gets resolved.

~MG

 

[tonyk2000]

My advice now would be, "Ignore it and make sure you have no US assets.")

Interesting... in case of .com domain name, is it sufficient to have it registered with non-U.S. registrar?
Verisign registry is U.S.-based anyway and they are technically able to do everything with a domain name, for example transfer it to any U.S.-based registrar and the said registrar may be forced to serve a new owner as per U.S. court decision... or not?

 

[nicpal]

That is crazy. I actually got emailed from one of their affiliate reps this morning about joining their program. When I didn't hear back, I tried going to one of the sites and wondered why it was down. Just goes to show you should respond to legal action....it's not gonna go away.

LOL, they just emailed me a Word doc to fill out and said my account would be created by tomorrow evening. I guess they got the main site up, but not the rest of the network.

 

[ck89102]

Bodog is back up & running as:
http://www.newbodog.com/

 

[nicpal]

yeah but they have a pretty extensive network of sites which are all still down.... bodogfight.com, bodogaffiliate.com, bodognation.com etc.. I wonder how many domains they took offline in total.

 

[ck89102]

All those domains are up & running with "new" in front of each.

Easy solution for Bodog, or should I say, New Bodog.

 

[KaneCo]

amazing how many typos of newbodog were taken so fast:upset:

 

[DNQuest.com]

amazing how many typos of newbodog were taken so fast:upset:

So you are upset someone squatted faster than you squatted???

 

[Dave Zan]

Is there a trusted .com registrar which is not located in US.. just in case

~MG

Ha, good luck finding one, especially after what tonyk2000 suggested.

 

[KaneCo]

So you are upset someone squatted faster than you squatted???

yes

 

[HomerJ]

edit: deciding to hold my tongue. does anyone else think the timing is a little too ironic? what with the start of football season here ..

 

[katherine]

Interesting... in case of .com domain name, is it sufficient to have it registered with non-U.S. registrar?
Verisign registry is U.S.-based anyway and they are technically able to do everything with a domain name, for example transfer it to any U.S.-based registrar and the said registrar may be forced to serve a new owner as per U.S. court decision... or not?

You have a point, yes they could at least technically.
Would be interesting to know if there is any precedent.

 

[schepperer]

I guess i was ambiguous , I meant it more for responding to domains if challenged in court since we all own .COMs.. Yes, Non-US residents can ignore US lawsuits as long as they have no US assets (.COMs are a US asset) But I guess John said that already .

.COM's an US asset? No way. What says the Philly lawyer? Of course I suggest non US registrars to avoid such trouble.

 

[DNQuest.com]

.COM's an US asset? No way. What says the Philly lawyer? Of course I suggest non US registrars to avoid such trouble.

Actually, it is an asset held in the US... That is how it was able to be siezed, argued as an asset, that asset resides in the US.