COMMONWEALTH EX REL. BROWN v. INTERACTIVE MEDIA ENTERTAINMENT

No. 2009-SC-000043-MR.

306 S.W.3d 32 (2010)

COMMONWEALTH of Kentucky, ex rel. J. Michael BROWN, Secretary, Justice and Public Safety Cabinet, Appellant, v. INTERACTIVE MEDIA ENTERTAINMENT AND GAMING ASSOCIATION, INC.; Interactive Gaming Council; vicsbingo.com; playersonly.com; sportsbook.com; sportsinteraction.com; mysportsbook.com; linesmaker.com; and Hon. Thomas D. Wingate, Judge, Franklin Circuit Court, Appellees.

Supreme Court of Kentucky.

March 18, 2010.


Attorney(s) appearing for the Case

David Eric Lycan, William Harvey May, Aaron Davis Reedy, Hurt, Crosbie & May PLLC, William Cecil Hurt, Jr., Wethington, Hurt & Crosbie, PLLC, Lexington, KY, Counsel for Appellant.

Jon L. Fleischaker, Robert Kenyon Meyer, James Lee Adams, Dinsmore & Shohl, LLP, Louisville, KY, Counsel for Appellee, Interactive Media Entertainment & Gaming Association, Inc.

Margaret Eileen Mary Keane, Greenebaum, Doll & McDonald, PLLC, Louisville, KY, Phillip D. Scott, Greenebaum, Doll & McDonald, PLLC, Lexington, KY, Counsel for Appellee, Interactive Gaming Council.

Bruce F. Clark, Stites & Harbison, PLLC, Frankfort, KY, Ian Thomas Ramsey, John Lewis Tate, Joel Beres, Stites & Harbison, PLLC, Louisville, KY, Counsel for Appellees, Interactive Gaming Council and vicsbingo.com.

William E. Johnson, Johnson, True & Guarnieri, LLP, Frankfort, KY, Counsel for Appellees, playersonly.com, sportsbook.com, sportsinteraction.com, mysportsbook.com and linesmaker.com.

Thomas D. Wingate, Frankfort, KY, Appellee.

Laura Anne D'Angelo Wyatt, Tarrant & Combs, LLP Lexington, KY, Daniel G. Dougherty, Ebay, Inc., San Jose, CA, Counsel for Amicus Curiae, ebay, Inc.

Michael Romano Mazzoli, Cox & Mazzoli, PLLC, Louisville, KY, Timothy B. Hyland, Rockville, MD, Counsel for Amicus Curiae, Network Solutions, LLC.

David Alan Friedman, Louisville, KY, Counsel for Amicus Curiae, The Electronic Frontier Foundation, The Center for Democracy and Technology, The American Civil Liberties Union of Kentucky, The Media Access Project, The United States Internet Industry Association, The Internet Commerce Coalition, The Internet Commerce Association.

Joshua Taylor Rose, Charles M. Pritchett, Jr., Bart Loveman Greenwald, Frost, Brown, Todd, LLC, Louisville, KY, Counsel for Amicus Curiae, Poker Players Alliances.


Opinion of the Court by Justice NOBLE.

This case arises from an order by the Franklin Circuit Court that 141 internet domain names be seized from their owners and operators and transferred to the dominion and control of the Commonwealth. Attorneys acting on behalf of the domain names sought a writ of prohibition against the seizure, which the Kentucky Court of Appeals granted. Because the parties seeking the writ have failed to demonstrate that they have standing...

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