Modernwarfare3.com URL awarded to Activision

Earlier this summer, the URL ModernWarfare3.com was occupied by a web site created by someone who didn't care for Activision's Call of Duty first person shooter series. At one point people who surfed to that address were then redirected to the official web site of Battlefield 3, a rival military shooter coming from publisher Electronic Arts. That was apparently the last straw for Activision and in July the publisher filed to dispute the ownership of ModernWarfare3.com to the National Arbitration Forum.

This week, as reported by Fusible, the National Arbitration Forum has rendered its judgment and agreed with Activision's side of the story. The forum has ordered the web site be transferred to the publisher. The previous owner of the URL, Anthony Abraham, tried to argue that the term "modern warfare" was "generic" and as such could not be "monopolized" by Activision. However, the three member panel disagreed, saying that Activision had proven that the company had "substantial use and reputation" over the Modern Warfare phrase. The board also felt that Abraham knew that Activision owned a trademark for Modern Warfare and "had it in mind at a time when the website corresponding with the disputed domain name was created."  Finally the fact that the site at one time redirected visitors to the official Battlefield3.com site showed that Abraham "used the domain name in bad faith".

Call of Duty Modern: Warfare 3, co-developed by Infinity Ward and Sledgehammer Games, is scheduled to be released by Activision for the PC, Xbox 360 and PS3 on November 8.

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19 Comments

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Ha good job filthy little domain squatter serves you right next time don't use a website to bitch slap someone or company your angry with and ICANN were idiots for letting him reg this site name in the first place or maybe they just like playing piggy in the middle of a shat storm

Ha good job filthy little domain squatter serves you right next time don't use a website to bitch slap someone or company your angry with and ICANN were idiots for letting him reg this site name in the first place or maybe they just like playing piggy in the middle of a shat storm

"The previous owner of the URL, Anthony Abraham, tried to argue that the term "modern warfare" was "generic" and as such could not be "monopolized" by Activision."

If he had ModernWarfare.com... I agree, but the "3" at the end makes me disagree with that.

The only other defense he had is if he developed the page and used it properly (as pointed out in above comments)

I would agree if domain wasnt taken with only purpose to lure players/visitors to other sites. From what I can gather it is/was not a legitimate site.

random_ said,
I would agree if domain wasnt taken with only purpose to lure players/visitors to other sites. From what I can gather it is/was not a legitimate site.

They should be smart enough to go to the original's site. I don't go to http://finalfantasy10.com just because that's what I'm looking for.

Battlefield 3 is http://www.battlefield.com/battlefield3

Get the point? You don't NEED to have every website be an exact copy of the games name.

http://callofdutyblackopsresurrection.com? Whatever . . .

Couldn't Activision just be fine with modernwarfare.com instead of being like Apple and claiming everything as theirs?

random_ said,
I dont get the hate for Activision or commitee that made the decision, they did the right thing.

Meh not really, i view registering a domain like a patent, people sue over the stupidest patents and get away with it, yet a domain goes to those who have the most use for it?

Beyond Godlike said,

Meh not really, i view registering a domain like a patent, people sue over the stupidest patents and get away with it, yet a domain goes to those who have the most use for it?

That's because ICANN makes the rules / challenge system over domain register system. ICANN is a very an interesting company with very interesting set of politics going on. http://www.icann.org/

This happens all the time, if the guy who owned the domain had have used it properly. He would have been allowed to keep it or sold it.

Mkay, so basically from what I understood a committee of ONLY THREE people decided this? Right. Wonder how much they got paid by Activision. This is so stupid. Not even EA is that greedy. I so hope they sue Activision. or this group I've never heard of... Either that or Activision should still pay them for the domain.

And as someone pointed out earlier... "used the domain in bad faith" bull.. Like there arnt a million other sites that are worse that carry virus', CP, malware, etc etc etc.

if they wanted the site, they should have reg'd it first.
FOH taking someone elses' domain.

SMH. This country's laws and judicial system is full of sht.
Whomever has the most money to throw at a dispute is the winner.

"used the domain name in bad faith" you mean

and yeah, if it wasnt for there actually being a Modern Warfare 3 game, the URL would have been OK ...