Last week the web was buzzing about the domain ModernWarfare3.com. The website was and still today redirects to the official Battlefield website. Many people found it funny as did I, but Activision wasn’t laughing.

On Friday, July 15, 2011 Activision formally submitted an 11-page complaint with the National Arbitration Forum (FORUM) regarding ModernWarfare3.com. Don't know who the National Arbitration Forum (FORUM) is, lets quickly educate you.

"The National Arbitration Forum (FORUM) is a world leader in dispute resolution. The FORUM provides fair, affordable, and accessible civil justice to all through recruitment, selection and management of a highly experienced and distinguished panel of over 1,600 former judges and seasoned lawyers."

You can learn more about the National Arbitration Forum (FORUM) by visiting their official website. Now that we have you educated lets continue.

The Complaint

The complaint states that modernwarfare3.com was registered with GoDaddy.com, Inc. on March 26, 2009 and that the domain is being used in bad faith.

The site to which the Domain name now points is the official site for another company’s competing game. It is difficult to imagine a more obvious, bad-faith usage of the Domain Name. Again this alone is sufficient to support a finding of bad faith.

If my math is correct the domain was registered more then two years ago. This means that the current owner of ModernWarfare3.com has been using this domain name for well over two years. And Activision now wants to file a complaint because the domain redirects visitors to the official Battlefield website.

Before the redirect, the current owner of ModernWarfare3.com made the statement, “Modern Warfare 3 is an copy and paste experience that looks exactly like Modern Warfare 2… A more satisfying gaming experience is found in Battlefield 3.”

I honestly don’t see how this comment is any different then so many that are made on other websites each day.

Complainant’s Trademark Rights

The complaint continues with how successful Modern Warfare 1 & 2 were and that Activision had made hundreds of millions of dollars from each title.

Complainant’s mark has been famous from the outset. The initial MODERN WARFARE game premier status by selling more then seven million unites from its date of November 5, 2007 through the end of December 2007, rendering it the top-selling title in that time period. To date MODERN WARFARE 1 has sold more than 8 million units with gross receipts in excess of $300 Million retail.

MODERN WARFARE 2 enjoyed even greater success. It set what were then all-time entertainment industry records upon its launch on November 10, 2009, with sales of approximately $550 million in its first five days.

If you noticed the release date of Modern Warfare 2, November 10, 2009 and the registration date of ModernWarfare3.com, March 26, 2009. ModernWarfare3.com was registered nearly 8 months prior to the release of Modern Warfare 2.

It appears that someone at Activision failed to register the domain. Knowing how successful the first game was, why not register a number of Modern Warfare domain names?

Factual and Legal Grounds

What legal grounds does Activision feel they have to file such a complaint against the current owner of ModernWarfare3.com?

The UDRP (Uniform Domain Name Dispute Resolution Policy) requires the transfer or cancellation of a domain if the Complainant can establish (1) that the domain name at issue is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; (2) that the Respondent has no rights or legitimate interests with respect to the domain name; and (3) that Respondent has registered and used the domain in bad faith. UDRP 4(a). Each of these factors favors Complainant in this case. Accordingly, transfer of the Domain Name is appropriate.

That last sentence was exactly what I expected, "Accordingly, transfer of the Domain Name is appropriate."

It cost Activision $2,600 to file the complaint with the National Arbitration Forum (FORUM). Activision could have easily used the filing fee to purchase the domain. Or, maybe they want to make an example out of people that don’t agree with their brands.

ModernWarfare2.com happens to be the only Modern Warfare domain Activision owns. That's right, Activision doesn't even own ModernWarfare.com, ModernWarfare4.com and so many others.

Will Activision go after other domain name holders that have Call of Duty franchise names in them? At this point I don't think so. I feel this is their way of getting back at Battlefield fans.

What do you think about all of this?

Source: Complaint PDF Document