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February 23, 2012

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Competing poker sites in legal battle over domain name

By (contact)

Monday, April 12, 2010 | 8:40 a.m.

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A legal dispute has emerged involving competing online poker sites oriented toward Apple Mac computer users.

Best Odds Corp. of Las Vegas, owner of the macpokeronline.com Web site, filed suit in federal court in Las Vegas on Friday against an individual in Costa Rica, Michael Jackness, whom Best Odds says runs the competing Web sites macpoker.com and macpoker.net.

"Since January of 2009, Jackness has been infringing on Best’s service mark MAC POKER, causing deception and confusion to Best’s customers by misdirecting Best’s customers to Jackness’s competing Web sites," the lawsuit charges. "Jackness intentionally misappropriated Best’s mark despite Jackness’s direct knowledge that Best has owned the Mark since approximately June 3, 2005."

The owner of macpokeronline says in the suit that in 2009 it filed an application to register MAC POKER with the U.S. Patent and Trademark Office and that it's in the process of completing the registration process.

The macpokeronline site says it "provides news and information via a global computer network in the field of gaming, namely, online gaming websites, gaming strategy, gaming software, gaming rules, online gaming affiliate programs, gaming television show schedules and gaming tournament schedules."

Jackness is accused of using a confusingly similar name for his Web sites, resulting in a "reproduction, counterfeit, copy or colorable imitation of Best's mark and Best's services."

The lawsuit also asserts claims of misappropriation of Best's property and of unfair competition.

A request for comment on the allegations was placed with Jackness on Monday.

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