Modern Warfare 3 Domain Used to Promote Battlefield 3

[Calcium]

Yet another Battlefield 'fan' who likes the game so much that they can't communicate what's good about it without bringing up Modern Warfare/Call of Duty. Hating on Call of Duty doesn't explain why Battlefield is better - it just drops them to the level of a console-warring moron. If they were really a fan of the series they'd be able to communicate so without the need to bash another game.

 

[Jegsimmons]

first off, P0W3ND!!!! take that MW3!!!

second off, hey if the domain is not taken at the time it's fair game, unfortunately with domain names and registration it doesn't matter if it is YOUR NAME being used and you dont own it. This is something ive learn setting up my website. if i dont pay for my domain name when time is up (or pay before hand) then i could straight up loose that domain name. so quite frankly...sucks for activision.

There's two things to note here.

1) Whoever owns the domain is obviously doing it to infringe on Activision's trademark. They are taking a name of Activision's video game product, and using it to link to a competitor's product. The rules on how domain names are bought and sold don't play into that fact... it's trademark infringement by law. It does not matter if you legally own the object infringing the trademark; you're still infringing the trademark.

2) This is a textbook case of cybersquatting. The owner of the domain is doing it, explicitly, to steal MW3's thunder. This isn't an outside case that the law has trouble with... this is the central case that the law describes very thuroughly. In this, the ACPA act is pretty clear, and Activision is in an actionable position.

They go after Domains-by-Proxy, as the registered owners of the domain. Given the seriousness of the trademark infringement, and the fact DbP has absolutely no recourse to claim 'fair-use' in this, do you honestly think that Activision won't have the 'real owner' by the balls? Do you honestly think that DbP is going to keep their client secret?

DbP doesn't have a tenable legal position in this, and Activision has way more legal clout. And... because of trademark law, they have no choice BUT to use it.

There's no WAY EA is responsible for this. Obvious consequences are obvious.

nope, you own the domain, that's it. doesn't matter if the domain name is the same name as something else, you buy it it's yours. yeah maby activision could go to court over this, but they dont have much of a case to stand on since they were slow to buy it. in fact if you go to a domain register, you can buy a domain for MW4, COD 9, ect. as long as it's not slanderous or committing harm against the company name it's fine. or if its misleading and that it leads to porno.
this is why i find i hilarious.

 

[Something Amyss]

Ill-advised? That's awesome and hilarious, be it having been done by a fan or EA.

"ill-advised" referring to PRIOR EA stunts, such as their Dante's Inferno and Dead Space 2 marketing deals.

However comma, while that's what Logan Westbrook meant, I'll point out the potential for legal action would make this possibly "ill-advised," no matter how "awesome" or "hilarious."

Being enjoyable does not make something wise.

 

[CaptainKoala]

BF3 is going to be 100x better. But still, dick move EA.

 

[Trippy Turtle]

MW2 was the best COD.... *Shakes fist*

 

[Rad Party God]

I think that EA can be a bunch of trolls when they want to.

u mad Bobby Kotick?

 

[Azmael Silverlance]

Okay what about that roman video on the homepage? A fan made that? I doubt it