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Microsoft wins dispute over fake Halo 4 beta site, Halo4Beta.net to be transferred

Halo 4 Beta scam

Gamers looking to sign up for Halo 4 Beta, will soon have one less website to be tricked by after Microsoft Corporation won the rights to Halo4Beta.net.

A complaint (Case No. 1426106) was officially filed with the National Arbitration Forum back in late January, shortly after David Ellis of 343 Industries warned Halo fans through Twitter to avoid fake Halo 4 Beta sites.

On March 6, 2012, a single-member panel concluded that all three elements required to be proven under the ICANN Policy were established, and that the name is ordered transferred from Edward Lee (the respondent) to Microsoft (the complainant).

On the subject of registration and use in bad faith:

The <halo4beta.net> domain name is confusingly similar to Complainant’s HALO trademark.  Respondent registered and uses the domain name in bad faith under Policy ¶ 4(b)(iv) in that Respondent attempts to benefit commercially from Internet users’ confusion as to the possibility of Complainant’s affiliation with the domain name.  See Perot Sys. Corp. v. Perot.net, FA 95312 (Nat. Arb. Forum Aug. 29, 2000) (finding bad faith registration and use where the domain name there in question was obviously connected with a complainant’s marks, thus creating a likelihood of confusion for a respondent’s commercial gain); see also Victoria’s Secret Stores Brand Mgmt., Inc. v. Privacy Protect, FA 1404667 (Nat. Arb. Forum Sept. 30, 2011) (finding bad faith registration and use under Policy ¶ 4(b)(iv) where a disputed domain name resolved to a website offering visitors gift cards in exchange for completing surveys and providing personal information).

It is also significant that Respondent registered the <halo4beta.net> domain name on June 15, 2011, only days after Complainant had publicly announced that it would be releasing HALO 4.  This strongly suggests that Respondent’s registration and use of the domain name has been done in bad faith within the contemplation of Policy ¶ 4(a)(iii).  See Sota v. Waldron, D2001-0351 (WIPO June 18, 2001) (finding that a respondent’s registration of the domain name <seveballesterostrophy.com> at the time of the announcement of the Seve Ballesteros Trophy golf tournament “strongly indicates an opportunistic registration”);  see also Thermo Electron Corp. v. Xu, FA 713851 (Nat. Arb. Forum July 12, 2006) (“If there had been any doubt as to bad faith, the fact that registration was on the same day the news leaked about the merger, which was put in evidence, is a compelling indication of bad faith that respondent has to refute and which he has failed to do.  The panel finds a negative inference from this.”).

The full details of the ruling have been released and can be read online here.

For Microsoft Corporation, it’s officially one down, one to go.  Unofficially, it’s likely many more.

As I reported yesterday, Microsoft is going after another phony Halo 4 Beta site.  A complaint was filed (Case Number: 1432610) with the National Arbitration Forum over Halo4Beta.biz (screenshot).  The domain name is owned by a resident of Illinois according to Whois records.

Discussion: Joystiq and Myona News

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Disputes National Arbitration Forum News

Virgin mogul Richard Branson wins disputed dot-XXX domain name

Richard Branson

Business magnate Richard Branson filed a complaint (Case Number: 1423689) over the domain name RichardBranson.xxx with the National Arbitration Forum in January.

Now a single-member panel has ordered the name transferred to Richard Branson, having established all three elements required under the ICANN Policy. 

First, the domain name is identical to the RICHARD BRANSON mark.  Second, the respondent lacked rights and interests in the disputed domain name.  And lastly, the domain name was registered and used in bad faith.

“As an additional independent ground demonstrating bad faith and as discussed above with regard to “rights and interests,” Respondent apparently registered the at-issue domain name even though he does not qualify to register a domain name on the .XXX register,” wrote Paul M. DeCicco, Panelist.

The full details of the ruling have been released and can be read online here.

There are now several UDRP cases involving dot-xxx domain names since the domain went public. 

The list of cases that are active as of today include: baylorgirls.xxx, utsystem.xxx, femjoy.xxx, kayjewelers.xxx, finansbank.xxx, foxstudios.xxx, borcelik.xxx, borusanholding.xxx, denizbank.xxx, valero.xxx and markafoni.xxx.

(Image of Richard Branson via Virgin.com)

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Disputes National Arbitration Forum News

Baylor University files a complaint over BaylorGirls XXX domain name

Baylor Girls

Several colleges bought up .XXX domain names last year like mizzou.xxx as a defensive measure to prevent others from registering the names and possibly setting up porn sites.  

Now Baylor University, a school that has filed and won dozens of domain disputes over names like Baylor.com and BaylorUniversity.com, has officially filed a complaint (Case No. 1429318) with the National Arbitration Forum over the domain name BaylorGirls.xxx.

BaylorGirls.xxx (which does not resolve to a web page) was first registered on December 10, 2011, by a resident of Massachusetts, according to Whois records, just days after general availability of .XXX domain names began.  

The names can now be registered on a first come, first served basis. 

To date, a dozen disputes, including RichardBranson.xxx and FoxStudios.xxx, have been filed over .XXX domain names with the World Intellectual Property Organization (WIPO) and the National Arbitration Forum.   Only one ruling has been made so far.  On February 7, 2012, Panelist Darryl Wilson ordered heb.xxx transferred to HEB Grocery Company, L.P.

Baylor doesn’t appear to be the first college-related XXX domain dispute on record.

Last week, it appears The University of Texas System which owns UTsystem.com (Whois), filed a complaint (Case No. 1428670) over the domain name UTSystem.xxx.

Because the National Arbitration Forum doesn’t publicly identify complainants on its website until a Panel has issued a ruling, the official complainant over BaylorGirls.xxx isn’t immediately known.

However, given Baylor University’s track record with the National Arbitration Forum, it’s a sure bet that Baylor is the complainant.

[Update 1 on February 18, 2012: It appears Baylor University has got its hands on BaylorGirls.com according to Whois records.  The name was transferred to trademark law firm Pirkey Barber LLP this week.]

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Disputes National Arbitration Forum News Video Games

Microsoft files complaint over another fake Halo 4 Beta site [UPDATED]

Halo 4 Beta scam

[Update 2 on March 7, 2012:. Microsoft Corporation won the rights to Halo4Beta.net. On March 6, 2012, a single-member panel ordered the domain name transferred from Edward Lee (the respondent) to Microsoft (the complainant).]

[Update 1 on March 5, 2012:. Microsoft is going after another phony Halo 4 Beta site.  A complaint has now been filed (Case Number: 1432610) with the National Arbitration Forum over Halo4Beta.biz (screenshot)  The domain name is owned by a resident of Illinois according to Whois records.  I’ve reached out the owner for more information and will update this post if I hear back.] 

Original story on January 28, 2012:. Nearly two weeks ago, David Ellis of 343 Industries, the company that is developing Halo 4, warned Halo fans through Twitter that if you see a site claiming to allow you to sign up for a Halo 4 beta  it’s a fake.

The site in question was hosted at Halo4beta.net (pictured above), and now Microsoft’s legal team is taking action by going after the domain name.

A complaint (Case No. 1426106) has officially been filed with the National Arbitration Forum.

Apparently wanting to avoid legal troubles after gaming sites went abuzz with David Ellis’ warning, the operator of Halo4beta.net took the website down, but that’s not going to be enough for Microsoft.

Microsoft can fully expect to have the National Arbitration Panel order the name be transferred, in what should be an open-and-shut case.

Stay tuned as I’ll be posting the details of the decision as soon as they’re available, likely no more than a few weeks from now.

Halo 4 has a holiday season 2012 release date.

Last June, Microsoft acquired the domain name Halo4.com for an undisclosed amount of cash, rather than filing a domain dispute.   When I asked the seller about the selling price/negotiations with Microsoft, the seller told me via e-mail, “The only term of the agreement that I can disclose is that I can’t disclose any terms of the agreement.”

Discussion: GameSpot, Kotaku, Joystiq, GameSpotHard OCP, Game Informer, Eurogamer.netVentureBeat, Blue’s News, ITProPortal, Game Rant, VG24/7, Digital Spy, Piki Geek, Strategy Informer, The EscapistNeowin.net, WebProNews and 411mania

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Disputes National Arbitration Forum News

Academy Award nominated actor Ryan O’Neal wins domain ryanoneal.com

Ryan O'Neal MugshotA single-member panel with the National Arbitration Forum has ordered the domain name ryanoneal.com be transferred to Academy Award and Golden Globe Award nominated actor Ryan O’Neal.

Ryan O’Neal was represented by Howard H. Weller of Mitchell Silberberg & Knupp LLP,  who filed the dispute (Claim Number: FA1112001419531) against Ronald Garcia in early December 2011.

Ronald Garcia had owned the domain name since 2003 and recently had begun redirecting the web address to ronadgarcia.webstarts.com.

Sandra J. Franklin, Panelist,  found that all three elements required under the ICANN Policy to transfer the domains were satisfied, including registration and use in bad faith, stating that the offer to sell the domain name was evidence of bad faith registration.

Full details of the ruling, which was issued on January 5, have been posted online.

(Mugshot image of Ryan O’Neal via The Smoking Gun)