Activision wins ModernWarfare3.com court case
8th Sep 2011 | 08:43
Activision has won a court case against the man who bought the domain ModernWarfare3.com back in July and redirected it to the Battlefield 3 homepage.
The site later ran something of an anti-COD propaganda campaign as Activision filed a complaint against its owner.
"It appears that the Respondent supports the game Battlefield from the game developer Electronic Arts ("EA")," Activision stated in the legal documents at the time.
"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."
ModernWarfare3.com owner Anthony Abraham argued during the case that the term "modern warfare" is generic and is not monopolised by Activision.
Activision in turn was required to prove that modernwarfare3.com is identical or confusingly similar to its trademark, that Abraham has no rights or legitimate interests in respect of the domain and that domain name was registered and used in bad faith.
We doubt Activision found it too hard to do so and a three-member panel ruled in the publisher's favour.