Activision Mad About Modern Warfare 3 Site, Trying to Get it Taken Down

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Activision Mad About Modern Warfare 3 Site, Trying to Get it Taken Down

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The publisher says that whoever owns the domain is using it in "bad faith."

Someone is using the "modernwarfare3.com" domain name to advertise Battlefield 3, and predictably enough, Call of Duty publisher, Activision, is less than pleased about the domain pointing people towards the game's biggest rival. The publisher has submitted a complaint with a view to getting the domain transferred to its control.

The publisher made its complaint under the "Uniform Domain Name Dispute Resolution" policy of the Internet Corporation for Assigned Names and Numbers, or ICANN. It said that the respondent had no legitimate interest in the domain and that it was "identical or confusingly similar" to Activision's existing trademarks. It said that the respondent, who had snapped up the domain anonymously via the company, Domains by Proxy, had registered and used it in bad faith.

Looking over the complaint - which you can read in full here - Activision puts forward a pretty good case, which presumably wasn't terribly difficult, given the circumstances. It's pretty remarkable that Activision let it get itself into this situation, but you can bet it's going to take steps so that it doesn't happen again.

Source: via Ars Technica

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A little late eh? They had all the time to jump on these domains. Shit, EA got domains for BattleField 3, 4, and 5, all back in 2006.

Oh, I just got soooo many good ideas..

inb4 the UMAD jokes.
I guess they will win as they really do have a good case, that will probably teach them to register every CoD-related domain up to CoD10...

what if someone were to patent Mw4s name? what would happen then?

OFFT:I have a litle experiment that I need to work out I probabely will be banned for this but Hopefully I won't

come on press it for science I want to see if it works it probabley won't though

Mod edit ~ button removed, the pretty girls that show up after pressing it is detracting from the news article, please stay on topic people.

My thoughts on the situation.

EA: "LOL UMAD, Activision?"

PopCap: "Yeah, HE MAD."

Viruzzo:
inb4 the UMAD jokes.
I guess they will win as they really do have a good case, that will probably teach them to register every CoD-related domain up to CoD10...

Good timing.

Hahaha. Awesome job by the guy that got this site. Hilarious.

Ah Activision, when will you start acting like grown ups? I'm starting to think that it's Activison employees we hear online screaming racist/homophobic slurs whenever anybody mentions another game.

I am amazed Activision hasn't already registered this domain. Even if they had no intention of making a Modern Warfare 3 its common practice to snap up similar sounding domains. I can see them getting their way and wont hate them for it, the owners are pushing their luck a bit.

As the Internet would say: someone is trolling Activision like a boss.

Can't they just bribe the guys who own the site with free copies of Battlefield 3, rather than paying all the legal fees involved?

Or with Steak. People like Steak.

... I want Steak...

I think I speak for at least a small amount of people when I say you mad bro?

Edit: Trying to get a picture of a trollface in here but I can't figure out the image tag *facepalm at self*

Another edit: I don't blame Activision for wanting the site down, it is using the name of their game to advertise another company's game after all. I still find this funny, however.

If the web address was made before Activision made the Modern Warfare 3 copyright, then they have no right to try and shut that site down, if you ask me.

CatBus:
Ah Activision, when will you start acting like grown ups? I'm starting to think that it's Activison employees we hear online screaming racist/homophobic slurs whenever anybody mentions another game.

They are acting like grown ups given they are following the established protocol rather than say whining to the public or, alternatively, throwing the corporate equivalent of a tantrum and suing.

I can't do anything but smile at this whole dispute. I love whoever it was that did it.

Whoever did this deserves a medal.

Someone register moderwarfare4.com, quick!

Ha that was awesome, freakin' perfect trolling by whoever put that up. I wonder if it'll get taken down?

johnman:
I am amazed Activision hasn't already registered this domain.

-snip-

I'm amazed you have to have "good faith" in a site name to buy it.

Activision might as well try to copyright/trademark/patent or whatever(not sure which one applies to this statement) the word 'modern', the word 'warfare' and the number 3.

Xealeon:
Someone register modernwarfare4.com, quick!

I heard it was already taken.

Logan Westbrook:

This is also something that could happen again, as Activision was unable to secure the "modernwarfare4" domain.

http://www.escapistmagazine.com/forums/read/7.300061-Modern-Warfare-3-Domain-Used-to-Promote-Battlefield-3

Lol well played EA, well played.

I hate to use troll phrases, but loltheyma-

Viruzzo:
inb4 the UMAD jokes.
I guess they will win as they really do have a good case, that will probably teach them to register every CoD-related domain up to CoD10...

DAMMIT I DON'T CARE! Loltheymad.

I still find this hilarious. And personally, I kinda hope they don't win this case. Sure this is a blatant pre emptive steal, but still, they really should've got it first.

This whole thing amuses me greatly. A marvelously simple troll of Activision with delicious use of thier own foolishness.

They'll probably win, even though they shouldn't. Plenty of other people use misleading names: Like the Australian Vaccine Network - you'd think such a site would be about giving honest information about vaccines and where people can get them. In fact, the site is nothing more than a sewer of pseudo-science, anti-vaccine hysteria and misleading facts and quotes taken out of context. But since it has an "official" sounding name, many members of the public have been suckered in by the misleading claims.

If they can still use names to trick people, I think they should let this guy keep his website. He registered it first, and he's not using an illegitimate images. At the very least, Activision should be forced to pay a bit of money to the guy for the website.

Patrick Young:
what if someone were to patent Mw4s name? what would happen then?

You can't patent a game title. It would be protected as a trademark, and no one else would be able to go and use the name Modern Warfare 4 for a game since the Modern Warfare franchise is a protected trademark. If someone did, Activision would be well within their rights to sue them and I would guarantee they would not lose that case.

I had no idea Battlefield 3 fanboys were such... fanboys.

You don't see CoD fans making mock sites of Battlefield 3, do you?

Eclectic Dreck:

CatBus:
Ah Activision, when will you start acting like grown ups? I'm starting to think that it's Activison employees we hear online screaming racist/homophobic slurs whenever anybody mentions another game.

They are acting like grown ups given they are following the established protocol rather than say whining to the public or, alternatively, throwing the corporate equivalent of a tantrum and suing.

You know, now that you put it this way, I gotta grant them credit. Indeed, they could've tried to find those responsible and suit them to kingdom come. This was surprising low profile to Activision, considering how they treated the Infinity Ward/Respawn guys case.

The situation is still pretty funny and unusual, though.

fabiosooner:

Eclectic Dreck:

CatBus:
Ah Activision, when will you start acting like grown ups? I'm starting to think that it's Activison employees we hear online screaming racist/homophobic slurs whenever anybody mentions another game.

They are acting like grown ups given they are following the established protocol rather than say whining to the public or, alternatively, throwing the corporate equivalent of a tantrum and suing.

You know, now that you put it this way, I gotta grant them credit. Indeed, they could've tried to find those responsible and suit them to kingdom come. This was surprising low profile to Activision, considering how they treated the Infinity Ward/Respawn guys case.

The situation is still pretty funny and unusual, though.

Are we suggesting the angry team of badgers was replaced by something coming close to the intellect of a monkey!?
Their actions suggest...tact and forethought...almost like a real human being!

Pffft, gotta be April fools or something...

im gonna find whoever did this and pat him on the back!

If they win, it really goes go to show just how much power corporations have in america. They do whatever they want, always get there way and fair and just mean nothing compared to the bottom line.

CatBus:
Ah Activision, when will you start acting like grown ups? I'm starting to think that it's Activison employees we hear online screaming racist/homophobic slurs whenever anybody mentions another game.

Actually, that IS the grown up way of dealing with it. They are required, by trademark law, to defend their trademarks or have them nullified. They cannot 'let it go' like some people think.

The grownup thing to do is to protect their trademarks rather than lose 'modern warfare' and prevent further use of it by the company.

The childish way of doing it would be to ignore it and think it'd go away.

Korolev:
They'll probably win, even though they shouldn't. Plenty of other people use misleading names: Like the Australian Vaccine Network - you'd think such a site would be about giving honest information about vaccines and where people can get them. In fact, the site is nothing more than a sewer of pseudo-science, anti-vaccine hysteria and misleading facts and quotes taken out of context. But since it has an "official" sounding name, many members of the public have been suckered in by the misleading claims.

If they can still use names to trick people, I think they should let this guy keep his website. He registered it first, and he's not using an illegitimate images. At the very least, Activision should be forced to pay a bit of money to the guy for the website.

This isn't a case like where the WWE had to change their name because it had the same abbreviation as the World Wildlife Fund. This is a case where a trademark owned by Activision was used to link to a competitor's product. This isn't 'iffy.' As much as you can hate Activision, they're not the villains in this. It's a funny prank... but it's a funny prank with very serious repercussions. Activision's not going after the company that owns the domain, which IS the high road here. They have every right to.

Looks like Bobby Kotick can't give credit where it's due. Whoever did this wins the internet.

Looks like Activision didn't even try to think about buying the domain ahead of time and now someone's beaten them to it they act like spoilt childish brats demanding they obtain the domain simply out of the term "bad faith" instead of i don't know buying the domain of ther person who already owns it? you know instead of acting like high class dicks bullying smeone into giving them what they want and also they are totally mad bro because their game is already shit compared to BF3 so they lose THEY GET NOTHING.

On a side note i hope they (Activision) lose and get driven to the ground one day for the childish dicks that they are along with Bobby aka the Devil.

You see if they'd have decided to make Space Warfare/Advanced Warfare/Future Warfare and take advantage of things they'd already trademarked, instead of making another sequel to a franchise infamous for being the exact same thing but worse, they wouldn't be in this situation, would they?

Shadow-Phoenix:
Looks like Activision didn't even try to think about buying the domain ahead of time and now someone's beaten them to it they act like spoilt childish brats demanding they obtain the domain simply out of the term "bad faith" instead of i don't know buying the domain of ther person who already owns it? you know instead of acting like high class dicks bullying smeone into giving them what they want and also they are totally mad bro because their game is already shit compared to BF3 so they lose THEY GET NOTHING.

"Bad faith" has specific meaning under the laws that govern things like domain names and such. The corporation that controls that is held accountable under those laws. Bad faith means if you take a website for the express purpose of infringing on a trademark, for example... say you were taking a company's registered trademark, and using the domain to link to competing products.

See, the thing is, whoever owns the domain name aside, Activision owns the 'modernwarfare3' part of it, and unless the buyer of the domain can prove fair use (which linking to a competitor is NOT, by the way), then they can get screwed under trademark law.

That 'first come, first served' rule? That's a corporate policy, and actually is not law. Law trumps not-law.

On a side note i hope they (Activision) lose and get driven to the ground one day for the childish dicks that they are along with Bobby aka the Devil.

It's not being childish. They -have- to by law. Trademark law doesn't allow you to go 'Naw, not worth it.' Trademarks MUST be defended, or you lose them.

If you don't understand such a basic concept, don't criticize. Activision might be dicks, but in this, they're in the right.

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