ModernWarfare3.com domain name battle ends with an Activision triumph

The domain battle between Anthony Abraham and Activision over ModernWarfare3.com has come to an end.

A three-member panel of the National Arbitration Forum has ordered the domain name transferred.

Earlier this year Anthony Abraham launched an unofficial fan site for Call of Duty: Modern Warfare 3, attracting thousands of Facebook fans in a matter of days.

In late June, Abraham began lashing out at Activision, the publisher of Call of Duty Modern Warfare 3, in a series of statements and videos that appeared on the ModernWarfare3.com website, and throwing support instead to Electronic Arts’ Battlefield 3.

Activision eventually filed a complaint (read here) which revealed the identity of the Battlefield 3 fanboy.

According to the decision posted online, Abraham argued that the term “modern warfare” is generic and is not monopolized by Activision.

Activision 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 the domain name has been registered and is being used in bad faith.

The three-member panel ruled in Activision’s favor today, having established all three elements required under the ICANN Policy.

Here is a copy of the decision by the National Arbitration Forum so you can read all the details.

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