Activision vs. www.ModernWarfare3.com News • News • Eurogamer.net

News PC Xbox 360 PlayStation 3

Pub wants ownership transferred.

Activision has filed a $2600 complaint against www.ModernWarfare3.com - a URL that caused commotion due to redirecting visitors to the Battlefield 3 website.

That website, www.ModernWarfare3.com, no longer steers visitors away. Instead, www.ModernWarfare3.com has reverted to mimicking the official Modern Warfare website but with anti-Call of Duty content such as videos and text, complimented with a pro-Battlefield 3 agenda.

Activision's 11-page complaint form, submitted to the National Arbitration Forum, wants ownership of the domain transferred to it, according to Fusible.

The owner of www.ModernWarfare3.com is unknown, as the domain was registered through a proxy service that obscures the identity of the buyer. Activision's complaint, therefore, was made against Domains by Proxy.

"It appears that the Respondent supports the game Battlefield from the game developer Electronic Arts ("EA")," wrote Activision in its complaint.

"EA is one of Complainant's principal competitors in the video game industry, and [the] Battlefield game competes in the marketplace with Complainant's Modern Warfare games and its other military-themed shooter games in the Call of Duty series."

About Robert Purchese

Bertie is Eurogamer's Senior Staff Writer. When he's not hunting down news stories he's often found playing with his kids or gabbling about fantasy games and strange online worlds. @Clert on Twitter.

Read more articles from Robert by visiting the Robert Purchese archive page.

Comments (42) Latest comment 10 months ago

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Timotei #1 10 months ago

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"Activision's 11-page complaint form, submitted to the National Arbitration Forum, wants ownership of the domain transferred to it"

Tough shit, it's someone else's property.
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DisgustedOfEngland #2 10 months ago

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It would be so funny if police end up doing raids for this, and end up dragging an unshaven and wild-eyed John Ritticello out of a basement whilst the various news companies of the world look on.
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Skooch #3 10 months ago

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^ LOL
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bobfish09 #4 10 months ago

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This is one case where I hope the domain is held by a Chinese national with no regard for copyright or trademark laws
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Mkwone #5 10 months ago

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If it were to be transferred, surely they'd have to pay for it, and if so it'll have to be a hefty amount.
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Whitster #6 10 months ago

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You'd think a company as big as Activision would have a department responsible for registering all these domains years ahead of time. In fact didn't they register loads of bollox names like CoD:Space Combat, etc, yet no one considered MW3?
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GamesProgrammer Verified Games Team Programmer, Eutechnyx Ltd. #7 10 months ago

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There are laws to stop people squatting on domains that contain someone else trademark, so activision will probably have this within the month for nothing more than the cost of legal fees.
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Flabio #8 10 months ago

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The domain system does allow for gaining ownership of domains that contain your trademark where someone has registered it purely to squat that name. Takes a while though, but the trademark owner almost always wins.
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ocmerius #9 10 months ago

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So, the dickheads at Acti made a mistake not registering this domain and now theyre crying about it. Boo-fucking-hoo.
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dingo75 #10 10 months ago

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Let me get this straight: Just because one of your monkeys at HQ did forget to register that domain in time entitles you to get it based on some 11 page blah blah document?
In that case the term "Modern Warfare" better be trademarked by you and here is a pro tip you cunts: Register Modernwarfare4.com 5 and 6 like now so you are set for the future.

You fuckers never learn right? How about simply letting this one slide and ignore it?
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arcam #11 10 months ago

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[link url=http://modernwarfare3.co.uk/
]http://modernwarfare3.co.uk/
[/link]
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jablonski #12 10 months ago

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Just keep MW3 in the news every day any way you can.

This is all this is about
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Timotei #13 10 months ago

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@GamesProgrammer

I can't see any trademarks on that site, I don't think the words "modern warfare 3" constitutes a trademark does it?
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arcam #14 10 months ago

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"Modern Warfare" is a registered trademark.
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Flabio #15 10 months ago

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It's a non-story really. Pretty much every squatter loses.
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Bertie Verified Senior Staff Writer, Eurogamer.net #16 10 months ago

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http://modernwarfare3.co.uk/

Ha!

@jablonski - Spin that theory further and imagine what if Activision really does own MW3.com and is engaging in a quirky PR stunt. Convenient that the owner can't be named. Did Activision really fail to foresee that registering MW1, MW2, MW3 websites would be a good idea? And $2600? As if Activision even notices such a paltry amount.

Wild speculation, but wouldn't it be funny if....
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Slipstream #17 10 months ago

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Wasn't it due to the website initially refering CoD players to the BF3 website? Still, as much as I prefer BF to CoD, this isn't a very fair practice, regardless of whether this was EA's doing or not.
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dr_zoidthrob #18 10 months ago

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modernwarfare5.com is available... quick someone buy it!

There is of course an inevitability to there being a MW5 after all.
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Ginola14 #19 10 months ago

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If you own a trademark and someone else bags a domain they have the give it up if the trademark holder wants it.
It's happened a thousand times in every business.
Likely Activision will get this, and why wouldn't they, some else is using their ip for their own ends.
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dr_shambles #20 10 months ago

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Hilarious. Couldn't happen to a nicer company.
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whatfruit #21 10 months ago

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I thought that the Modern Warfare trademark is still up for dispute over its ownership due to the West & Zampella lawsuit.

[link url=http://www.computerandvideogames.com/296696/news/west-and-zampella-going-after-modern-warfare-ownership-lawyer/
]http://www.computerandvideogames.com/296...[/link]

EDIT: added link.

Edited by whatfruit at 18/07/11 @ 15:38
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edhe #22 10 months ago

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Has nobody got a sense of humour anymore?
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customfirmware #23 10 months ago

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Who ever done that is a legend. LOL
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homerramone #24 10 months ago

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So to summarise.

Activision stamps feet has a hissy fit and says 'Not fair.. Mine Mine Mine Mine Wah'.

You have to laugh.
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weejok #25 10 months ago

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Activision why the fuck didn't you already have ownership of this domain name and any similar??? You must of knew you were going to pump out MW3 so seems pretty stupid and a bit late to start bitching about it!
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Architect_z #26 10 months ago

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Whoever setup this URL is a legend
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VibratingDonkey #27 10 months ago

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Silly Activision not having registered that domain years ago.
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Machetazo #28 10 months ago

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So? Aw, gee looks like they weren't smart enough to actually secure online domains related to the future of good ol' daisy.

Edited by Machetazo at 18/07/11 @ 12:12
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Flabio #29 10 months ago

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Also, because of how trademark law works, if you *don't* pursue anyone misappropriating or otherwise violating your trademark, you can lose it altogether. So you have to go after everyone, from the megacorp to the little bedroom coder, or your trademark ceases to be, well, a trademark.

Ask Universal about the comedy of the Donkey Kong versus King Kong trademark battle they had with Nintendo, textbook example of where not properly defending your mark against *all* violations means that you have no legal grounds later on.
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arcam #30 10 months ago

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No one can properly defend against *all violations*, but you you do have to show that you are actively protecting that trademark.
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vizzini #31 10 months ago

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It isn't technically cyber squatting. Callofdutymodernwarefare3.com clearly is. But just like Windows.com isn't squatting of Microsoft Windows, modernwarefare3.com could easily be a website for season 3 of a TV show on the history channel.

But the part for me, where I believe it does become squatting, is when they don't have a valid explanation for their choice of domain name, and seemingly using it for negative advertising of the other product, which confirms they were aware of the squatting status and intentionally wanted it that way.
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MattEdWithCheese #32 10 months ago

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reminds me of the whole People Eating Tasty Animals thing XD
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OneClassyBloke #33 10 months ago

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modernwarfare3.com is hilarious. Unfortunately, BF3 is just as bad a game as CoD. I don't see why people can't see that *insert generic rant about the modern day FPS being boring*.
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arcam #34 10 months ago

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Unfortunately, BF3 is just as bad a game as CoD

Have you played Battlefield proper? Not to say you're wrong, but when people talk about BF being very similar to CoD I get the impression they've only played Bad Company. Original Battlefield is very different to CoD. It's not really generic at all - where else can you played 64 player battles on a large scale, with tanks and planes and helicopters and boats?

That's why I'm so looking forward to it, because since BF2 six years ago, there's really been nothing that's come out since that does the same thing.
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Rose-of-Sorrow #35 10 months ago

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That has to be the most embarrassing site on the internet, and what a gash attempt with the Monty Python vid. Wow. /erase history :]
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Paulie_P #36 10 months ago

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I don't like Activision but I don't think they're in the wrong in this occasion, wait til they go out and kill some kittens or something before getting p***ed off at them.
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Collymilad #37 10 months ago

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Brilliant site.

Activision, fuck you. Who do you think you are exactly?

ALso, I know it's cool to hate on Bad Company because it's "tha consolez 1" but really, there's almost fuck all difference between BC and normal BF from a gameplay standpoint. Both are great.

Edited by Collymilad at 18/07/11 @ 16:10
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kwarive #38 10 months ago

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@Owner of [link url=http://modernwarfare3.co.uk/
]http://modernwarfare3.co.uk/
[/link]

Did you try turning off your PC then turning it back on again?

Whcih reminds me of:

http://www.smbc-comics.com/index.php?db=...
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PaulieWaulie #39 10 months ago

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Post deleted at 14:23:40 06-01-2012
Phishfood #40 10 months ago

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I read somewhere else that this domain was registered somewhere in early 2009 even before the release of Modern Warfare 2.
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Bluetooth #41 10 months ago

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"Has nobody got a sense of humour anymore? "

Not when it does damage to a brand's reputation.
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Mydoom #42 10 months ago

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i'm guessing respawn own modern warfare 3 website . just to take the piss out off activision. � ��
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