We use cookies to provide you with a better experience. If you continue to use this site, we'll assume you're happy with this. Alternatively, click here to find out how to manage these cookies

hide cookie message
80,259 News Articles

Activision Wins Modernwarfare3.com Case

In a National Arbitration Forum decision issued yesterday, Activision triumphed over Anthony Abraham, the holder of the modernwarfare3.com domain which temporarily redirected to Battlefield's website as part of what appeared to be an elaborate prank.

Activision argued that it held trademark rights to the term "Modern Warfare" and claimed that the domain name under discussion was "confusingly similar" to its trademark. It also argued that Abraham had no rights or legitimate interests in the disputed trade name, and that he was using it in bad faith. Abraham's counterargument was that the term "modern warfare" is generic and not monopolized by Activision. He also claimed that the domain name pointing to Battlefield's website was a mistake and that he was making preparations to "use the disputed domain name to establish a site for commentary, news, discussion and criticism as part of a fan site and forum for video gamers." He also argued that the upcoming new Call of Duty title was not being promoted as "Modern Warfare 3," the game's name instead being stylized as "Call of Duty: MW3."

The three person National Arbitration Forum panel found Abraham's arguments to be "uncompelling" and found that "the evidence of a fan or social networking site are perfunctory." The panel also noted that Abraham used the site to promote "goods sold in competition with Complainant's [Activision's] goods" and that "given notice of the dispute, it reiterated that abuse by redirecting Internet users to the site of a direct competitor of Complainant."

The panel found that the the three limbs of Activision's case -- its "confusing similarity" to its trademark, the fact Abraham had no rights or legitimate interests in the name and that he was using it in bad faith -- to be firmly established. As a result, the panel ordered that modernwarfare3.com be transferred from Abraham to Activision.

This article originally appeared on GamePro.com as Activision Wins Modernwarfare3.com Case

IDG UK Sites

Best camera phone of 2015: iPhone 6 Plus vs LG G4 vs Galaxy S6 vs One M9 vs Nexus 6

IDG UK Sites

In defence of BlackBerrys

IDG UK Sites

Why we should reserve judgement on Apple ditching Helvetica in OS X/iOS for the Apple Watch's San...

IDG UK Sites

Retina 3.3GHz iMac 27in preview: Apple cuts £400 of price of Retina iMac with new model