Activision wins ruling, regains control of ModernWarfare3.com

[jkipp82]

2307
The issue of the web domain ModernWarfare3.com, originally spotted thanks to a (presumably unofficial) Battlefield 3 (http://www.joystiq.com/2011/07/16/activision-complains-about-modernwarfare3-com-a-battlefield-3-f/) promotion and later outed by DNS service GoDaddy (http://www.joystiq.com/2011/07/19/modernwarfare3-com-owner-outed-by-godaddy/), has been settled,
and you guessed it, Activision and its lawyers have prevailed. The National Arbitration Forum (http://domains.adrforum.com/domains/decisions/1398954.htm) has decided unanimously in favor of the Call of Duty: Modern Warfare 3 (http://joystiq.com/game/call-of-duty-modern-warfare-3) publisher, saying that the three criteria necessary for a domain name transfer (that the name is confusing, the holder has no real interest in the domain name, and the name is "being used in bad faith") have all been met. The three-member panel has ordered that the domain name be transferred back to Activision.

Currently, the domain name appears to be offline, but presumably as soon as Activision can get it up and running, it'll redirect right into the official Modern Warfare 3 site (http://www.callofduty.com/mw3).

Too bad for Battlefield 3 fan and Florida resident Anthony Abraham, who tried to argue both fair use, and that the term "modern warfare" was generic enough to have a life outside of the video game world. Hopefully he's still got ElderScrolls5.com sitting in his back pocket, just waiting for a competitor to promote.

[reapermech]

well we all knew they would win since it said modernwarfare 3 so i hope they focus on the game now not law suits

nice find jkipp

[Sancho Villa]

yeah nice find...i wonder if this guy was like hmm ill take this domain name maybe they will pay me for taking their name...as far a generic goes it is but not with the 3 at the end...maybe it would of been a little more understandable if he had just modernwarfare.com instead of with the 3 at the end. And i also hope they focus more on the game now...from what i saw it looks amazing but like always cant judge it by its rep can't wait to play it.

[Paprika]

yeah nice find...i wonder if this guy was like hmm ill take this domain name maybe they will pay me for taking their name...as far a generic goes it is but not with the 3 at the end...maybe it would of been a little more understandable if he had just modernwarfare.com instead of with the 3 at the end. And i also hope they focus more on the game now...from what i saw it looks amazing but like always cant judge it by its rep can't wait to play it.

Thats how the first domain name grab went. people who wanted that domain name would pay top dollar to obtain it.

Now granted I may be bias in this since I hate CoD nowdays, but the owner should have been by right paid for the domain name. sure it was inactive but thats not to stop the owner from putting up content at a later date. I'd say that was the owners mistake in the end leaving it inactive.
Should;'ve have used it under the pretense of 3 current wars/ battles that are occuring in the world (Afghan, Iraq and Libya) that way he could've at least had argued it was to report on these "3" "Modern Warfares" :P

[1989mike951]

cant wait til it comes out i think i call of work for the day of release

[Emerald Lance]

Should;'ve have used it under the pretense of 3 current wars/ battles that are occuring in the world (Afghan, Iraq and Libya) that way he could've at least had argued it was to report on these "3" "Modern Warfares" :P

That's actually not a bad idea.