(adsbygoogle = window.adsbygoogle || []).push({}); I stumbled upon this sight will searching. It is titled '' Activision goes to court ''
Here is what is said:
Now with Activision ready for another record-breaking installment of the CoD franchise, the game publisher has filed a complaint with the National Arbitration Forum last week to stop Scottsdale, Arizona-based Domains by Proxy, Inc., the current operator of the ModernWarfare3.com, from further using the site.

The is not a case of a Call of Duty fan or an individual hoping to profit from the publisher or developer's failure to register the domain for, or forecast, a 3rd installment of Modern Warfare. The site in fact redirected visitors to CoD's biggest rival.

The domain at one time redirected to the game Battlefield and urged visitors to "grow up and forget about Modern Warfare 3 (because it looks just like Modern Warfare 2) and buy Battlefield 3 instead," all while having the logos and appearance of a Modern Warfare 3 site that Activision says was confusing to consumers.

Accordingly, Activision wants the National Arbitration Forum to order the transfer of the domain to Activision pursuant to the Uniform Domain Name Dispute Resolution Policy (UDRP).

Under the rules of the UDRP, for the cancellation or transfer of a domain name, the complainant must establish that (1) the domain is identical to a trademark it has the rights to, (2) that the person who registered it has no rights or legitimate interests to the domain name, and (3) that the individual in fact is using it in bad faith.

To build its case, Activision argues that by virtue of its longstanding use of the Modern Warfare trademark, its extensive marketing and promotional activities, the nearly unrivaled sales volume for the franchise, the unsolicited media attention and awards for the games, and its strong enforcement and registration program, MODERN WARFARE was extensively and prominently used prior to the ModernWarfare3 domain registration date, and was as of that date and continues to be a highly distinctive and famous trademark that symbolizes substantial goodwill.

Arguing that the domain name owner has no legitimate interests, Activision pointed out that until recently, the domain name featured MODERN WARFARE 3 in such a prominent and conspicuous manner as to lead visitors to believe that the site was the official site for Complainant's upcoming new release, but then proceeded in smaller print to openly promote EA's Battlefield game at the expense of the games offered under the Modern Warfare trademark.

Activision also suggested that the domain owner was profiting from its trademarked franchise, noting of advertisements from retailers like GameStop and BestBuy. It also suspects that the site may have received financial benefits from strongly encouraging site visitors to register to become a video game tester.

To support its arguments that the domain name registration was made in bad faith, Activision noted that the domain name was registered well after the release of Modern Warfare 1 and after the announcement of Modern Warfare 2 -- circumstances which suggest strongly "an opportunistic registration of the domain name corresponding to what was certain to be the title of the next game in the Modern Warfare series," according to Activision.

Link: (Posted by Sleepy) You must login or register to view this content.

Aha nice:y:, yea i learned it's always good to give credit to the source

I'm pretty sure there will be some legal trouble since the guy is involving BF into this.

That is crazy that activision went to court..Hope everything works out 4 them.

I think Activision deserves it but that domain already has a rightful owner and he shouldn't have a website taken from him just because it matches a company product. That would be like me making a website called "www.joshawesome.com" and then there being a game called Josh Awesome and the company wants your website just cuz their product matches your website name.

They could just call it You must login or register to view this content. or something.

They have every right to sue the domain owner because he was using MW3 logos and images which have a copy right on them

I Laughed at how Modernwarfare3.com Redirects you to BF3.

So dumb if you ask me