Pocket Kings and Safenames obtain High Court Declaration against the Commonwealth of Kentucky.
Kentucky Order is not enforceable in English Law
Wednesday 28th October 2009
Tuesday, October 27, 2009 - In response to the Commonwealth of Kentucky’s Court order from October 2008 (whereby Safenames was ordered to initiate the transfer of the domain name FullTiltPoker.com) Safenames’ client Pocket Kings initiated proceedings in the English High Court to obtain a declaration from the High Court of Justice; clarifying whether the Kentucky Order is enforceable in the United Kingdom and whether Safenames is in breach of contract if we comply with the order. On October 16th Michael Furness QC rendered his judgement; firstly that the Kentucky Order is not enforceable in English law as it is penal or governmental in nature. The second point is that the court recognised that the proceedings are pre-emptive in nature, and that approach is justified as the continued use of the domain name is important to the running of PKL’s business. The English High Court deemed it appropriate to grant the declaration, which prevents Kentucky from enforcing the forfeiture order.
Safenames are pleased with the Judgement from the High Court concerning the Commonwealth of Kentucky’s seizure order. We are glad to have provided assistance in the clarification and determination of the order’s unenforceability in the United Kingdom and effective nullification of the Kentucky Court Order. The security and stability of our client’s domain registrations are paramount and we are delighted to have aided our client Pocket Kings in the retention of their domain registrations and maintenance of their ownership.
Visit http://www.bailii.org/ew/cases/EWHC/Ch/2009/2529.html to review the complete High Court of Justice Court Order.
Tuesday, October 27, 2009 - In response to the Commonwealth of Kentucky’s Court order from October 2008 (whereby Safenames was ordered to initiate the transfer of the domain name FullTiltPoker.com) Safenames’ client Pocket Kings initiated proceedings in the English High Court to obtain a declaration from the High Court of Justice; clarifying whether the Kentucky Order is enforceable in the United Kingdom and whether Safenames is in breach of contract if we comply with the order. On October 16th Michael Furness QC rendered his judgement; firstly that the Kentucky Order is not enforceable in English law as it is penal or governmental in nature. The second point is that the court recognised that the proceedings are pre-emptive in nature, and that approach is justified as the continued use of the domain name is important to the running of PKL’s business. The English High Court deemed it appropriate to grant the declaration, which prevents Kentucky from enforcing the forfeiture order.
Safenames are pleased with the Judgement from the High Court concerning the Commonwealth of Kentucky’s seizure order. We are glad to have provided assistance in the clarification and determination of the order’s unenforceability in the United Kingdom and effective nullification of the Kentucky Court Order. The security and stability of our client’s domain registrations are paramount and we are delighted to have aided our client Pocket Kings in the retention of their domain registrations and maintenance of their ownership.
Visit http://www.bailii.org/ew/cases/EWHC/Ch/2009/2529.html to review the complete High Court of Justice Court Order.