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Activision wins registered domain war



Some several months back I wrote an article about the war between Activision and EA regarding a registered domain, details of which you can read in full here. The victors of the battle have been decided as today a court case ruled in favor of Activision.

Various sites report one argument Activision included in their legal documents is "It appears that the Respondent supports the game Battlefield from the game developer Electronic Arts". They also went on to say "EA is one of Complainant's principal competitors in the video game industry, and 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."

Anthony Abraham, owner of the domain in question, stated his reason for choosing the site's name is due to his belief that 'modern warfare' is a generic term in referral to contemorary wars and therefore is not owned by Activision. In counter to this Activision was required to prove that modernwarfare3.com is identical, and or similar...which is slightly confusing, to its trademark and that Abraham had no legal rights or interests in respect of the domain.

It seems Activision were easily able to provide this evidence as a three-member panel ruled in the publisher's favour.

This is a small blow to EA as they have been progressively mounting a large scale attack on the Modern Warfare franchise in stating the franchise has had no real competion to contend with and Battlefield 3 will surpass Modern Warfare 3. I say good luck to them as I'm pretty sure they has similar sentiment in their promotion of the Medal of Honor reboot and we all know how that one went don't we.

[Sources: fusible] 

 

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