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Activision Seizes "ModernWarfare3.com" from Battlefield 3 Fanboy

Illustration for article titled Activision Seizes ModernWarfare3.com from emBattlefield 3/em Fanboy

Two months ago, after discovering that the owner of "ModernWarfare3.com" was first using the site to spew some fanboy hate about the game, and then redirect visitors to Battlefield 3's official site, Activision moved to seize the domain. Yesterday, it won.

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Domain watchdog Fusible reports that the National Arbitration Forum ordered the name transferred from Anthony Abraham to Activision. The publisher was required to prove modernwarfare3.com was identical to, or similar enough to cause confusion with, one of its trademarks; that the domain name was registered and used in bad faith, and that Abraham had no rights or legitimate interests with respect to the doman. The NAF found Activision proved all three, which is the standard under the Internet Corporation for Assigned Names and Numbers (ICANN) policy for settling such disputes.

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Abraham, for his part, argued that "modern warfare" is a generic term in this case.

Abraham's stunt gained notoriety in July when the redirect was noticed, and some wondered if Electronic Arts had acquired the domain in a stunt. EA quickly denied any involvement. Abraham was later identified as the domain owner when Activision complained to GoDaddy, the service Abraham used to register the domain, and GoDaddy made the registry information public, a common move when there is a legal complaint regarding a registration.

ModernWarfare3.com Domain Name Battle Ends with an Activision Triumph [Fusible]


You can contact Owen Good, the author of this post, at owen@kotaku.com. You can also find him on Twitter, Facebook, and lurking around our #tips page.

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DISCUSSION

amazingmeow
amazingmeow

Something funny went through my mind just now.

Now granted, fanboy efforts are always bad, this isn't exactly fair I think.

This is kind of like:

Guy buys a piece of land and built a house, right in the middle of where Hilton plans to build a hotel.

Guy paints his house with anti-Hilton messages and banners, and sends his visitors to Marriott or something.

Hilton sues, Guy gets evicted.

sense? I don't think it made any.

Even with webspace, it's not exactly fair either.

We've got to establish, does he or does he not own ModernWarfare3.com, the domain?

It's established that he bought it, therefore he own it. so what he does in his own webspace is entirely his business, he could dedicate his entire site to Obama hate, it's still his freedom of speech. unless he put some illegal stuff like kiddy porn or something, isn't it within his right to hate on stuff, within his own domain?