11th of December 2011 Author: Glo Wood
Excalibur Poker domain the subject of the dispute
A report came this week of the opposition posed to the anti-domain piracy legal drive by US land gambling giant MGM Resorts by a Texas entrepreneur Adam Majewski. Namely, in regard to an MGM attempt to seize the businessman’s domain, Excalibur Poker, Majewski decided to file a motion for dismissal of MGM’s request, claiming that the domain does not infringe any MGM trademark or brand ownership.
He specified that Excalibur Poker does not offer any gambling services, that the name of Excalibur is used throughout the business market, and that the site has been his for years now. He also added that MGM’s request has been filed with a sole aim at pursuing the giant’s online poker ambitions, and claimed that he was not contacted by the company to discuss the issue prior to filing its litigation, which in return resulted in costly defensive measures for him.
In MGM’s opinion, the titles of its famous properties like Bellagio, Excalibur, Luxor, Mandalay Bay et al linked to the word "poker" represent a trespassing on its rights. However, Majewski was not the only one to believe such an action could be related to MGM’s ambitions in a future US legal internet poker market.
Hence, in this case, a preliminary injunction has been awarded against Majewski and other defendants, precluding any sale or transfer of the domains by stopping the domain registrar from processing any requests related to the domains. Majewski’s motion will be considered by a federal judge once the court has all the facts and arguments at its disposal.
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