Call of Duty – Modern Warfare 3: Activision wins control of troll domain
The National Arbitration Form has unanimously decided in favor of the publishers of the Call of Duty – Modern Warfare 3 in its dispute with an individual who registered the modernwarfare3.com domain. It was posted earlier that the flare-up of this controversy was when some people visiting that domain were redirected to a Battlefield 3 promo instead of seeing Modern Warfare – Call of Duty materials.
The publisher of Call of Duty – Modern Warfare 3, Activision, was not at all thrilled. They commandeered a legal action against the domain name owner. Interestingly enough, the owner was kicked out by the domain registration – the Go Daddy DNS service. The specifics of the National Arbitration Form decision focused on three criteria needed for a domain name to be transferred from the person who registered it to a trademark holder or another party. First, the name is confusing; second, the holder has no real interest in the domain name; and, the name is used in ‘bad faith’.
Activision’s high-powered lawyers carried the day and made the case. The particular facts of their situation met all three criteria for domain name transfer. The three-member arbitration panel ordered the domain name be transferred back to Activision. The domain name, as of this posting, appears to be offline. It may be coming back up soon so it will not be a surprise if it redirects to the Call of Duty – Modern Warfare 3 site.