Category: National Arbitration Forum

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Disputes National Arbitration Forum News

DC Comics wins dispute over ManofSteel.com domain name

Man of Steel logo

Man of Steel logo

On July 19, 2011 a single-member Panel of the National Arbitration Forum ruled that the manofsteel.com domain name be transferred from its current owner to DC Comics who had filed a domain dispute in late June.

The panelist, James A. Carmody, Esq., said that manofsteel.com is identical to DC Comics’ trademarks — “MAN OF STEEL” (registered in 1999) and THE MAN OF STEEL (registered in 1987).   The panelist also found that because the domain name resolved to a website which displayed links and advertisements, that the respondent’s use of the domain name was neither a bona fide offering of goods or services, nor a legitimate noncommercial or fair use.  The panelist also found that registration and use of manofsteel.com demonstrated bad faith.

The respondent in the dispute, Coni c/o LBR Enterprises, failed to submit a response.

Warner Bros and DC Comics are set to release “Man of Steel” in December 2012.

TheManofSteel.com, which is not owned by Warner Bros or DC Comics, is up for sale at Sedo for $300 by its current owner.

The full decision can be read here.

Discussion: BleedingCool.com, SuperHeroHype, Comic Book Resources, and BuyDomains

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Disputes National Arbitration Forum News Video Games

ModernWarfare3.com owner revealed, Go Daddy’s Privacy removed during UDRP

Modern Warfare 3 reveal trailer

The Battlefield 3 fanboy who has fueled the drama between Electronic Arts and Activision by re-directing ModernWarfare3.com to Battlefield.com has been officially revealed.

Originally hidden behind Go Daddy’s Domains By Proxy (DBP) service, it appears the registrar giant doesn’t want to get involved in the domain dispute recently filed under the UDRP by Activision against the owner of ModernWarfare3.com.

Today, Go Daddy’s DBP has removed the privacy service on the domain, revealing the identity of the ModernWarfare3.com owner who has entertained Call of Duty and Battlefield fans with his online antics for weeks.

So who is this person who got the attention of gaming publications, fans and of course, Activision?

The registrant is Anthony Abraham of Florida according to the latest Whois records furnished by DomainTools. 

Anthony, who has been hush hush since the beginning, will likely be receiving calls and e-mails from reporters over the next few days.

Now, if you’re wondering why the privacy service was removed all of the sudden, according to the Domains by Proxy website, cancelling the privacy service is just how it handles UDRP matters.

“DBP routinely receives notices from its affiliated registrars informing it of the filing of various administrative proceedings under the Policy.  Upon receipt of such notices, DBP cancels its privacy service for the domain name that is the subject of the Policy dispute and notifies its customer about the cancellation of service.”

Discussion: Kotaku, Joystiq, Game Rant and Machinima

Categories
Disputes National Arbitration Forum News Video Games

Activision files complaint over ModernWarfare3.com, posted online

Modernwarfare3.com domain dispute

Breaking update July 19, 2011 04:57 AM EST:  The identity of ModernWarfare3.com has now been revealed.

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Activision has had enough with ModernWarfare3.com.

The gaming company has filed its first domain name dispute with the National Arbitration Forum.

The complaint was filed today, July 15, a week after the mystery owner of the domain started re-directing the URL to EA’s Battlefield.com, sparking a flurry of news stories.

Although I track domain disputes filed with the National Arbitration Forum and the World Intellectual Property Organization, I didn’t find out about the dispute through their online databases, instead I found out about the dispute when I paid a visit to ModernWarfare3.com.

As of today, ModernWarfare3.com is back to its old format online, but with a twist.  Sitting on the home page is a copy of the complaint (read here) the owner received.

Now begins the UDRP (Uniform Domain Name Dispute Resolution Policy), which was adopted by ICANN in the late nineties.

The complaint cost Activision $2,600 USD to file for a three-member panel.

The 11-page document, includes among other things, reasons by Activision as to why the respondent has no right or legitimate interest to the name.

Activision states, “It appears that the Respondent supports the game Battlefield from the game developer Electronic Arts (“EA”).  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.”

Discussion: Kotaku, gameinformer, Electronic Arts UK Community, Gaming Union, RipTen, GameSpot, Benzinga, Games On Net, GoNintendo, Joystiq, IGN, ars technica,  The Daily BLAM!, Game Rant, Digital Trends, VideoGamer, GameSpy, Kit Guru, MCV, The Inquirer, PCWorld, The Escapist, Facepunch, Gamasutra, VE3D, Lazygamer, The Morton Report, Spong, 1UP and bnet

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Disputes National Arbitration Forum News Trademarks

Looks like Arizona State wants SunDevils.com, a naturist website

Arizona State Sparky the Sun Devil

The domain sundevils.com was first registered back in 1999 and throughout the years has had a lot of different uses, including re-directing to the website of Diablo Sun Devils, a naturist club founded in the San Francisco Bay Area that publishes nude photographs of women online.  Its motto, “Dedicated to bringing the freedom and joy of social nudism and naturism to women everywhere.”

For Arizona State University, home of the Sun Devils, it looks like enough is enough.

A complaint (case no. 1393853) has now been filed with the National Arbitration Forum (“NAF”). 

Though the complainant isn’t officially known just yet, it would only make sense that Arizona State filed the domain dispute over sundevils.com, which has claim to variety of trademarks with the United States Patent and Trademark Office dating back to the 1980s.

ASU does use thesundevils.com, which re-directs to its official athletics site on thesundevils.cstv.com, but unsuspecting visitors who type sundevils.com into the browser’s address bar might find themselves in for a shocking surprise. 

In the mid-2000s, the owner of sundevils.com did for a time, re-direct the URL to thesundevils.com according to screenshot history, but considering a number of factors such as having trademark rights, this could be a quick open and shut case for the National Arbitration Forum.

In 2008, the Arizona Board of Regents on behalf of the University of Arizona won a dispute over the domain arizonawildcats.com.

Discussion: Deadspin 

(Photo of Sparky “hand waver” via Arizona State University)

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Disputes Movies National Arbitration Forum News Trademarks

Domain dispute over ManofSteel.com, film set for release in December 2012

Man of Steel

Updated July 20, 2011:  Turns out the complainant in the case was DC Comics, not Warner Bros.  A single-member panel has ruled in favor of DC Comics and ordered the domain name to be transferred.  Details here.

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It appears Warner Bros wants the domain name ManofSteel.com for its big film project set to release in December 2012.

A complaint (case no. 1395018) was filed with the National Arbitration Forum (“NAF”) this week.  Though the complainant isn’t known at this time, DC Comics a subsidiary company of Warner Bros has owned the trademark on “The Man of Steel” since the 1980s. 

Over the last ten years, Warner Bros has filed (and won) a number of domain disputes including chasingsuperman.com, batman-costume.com, gilligansisland.com, harrypotterzone.com, justice-league.com, and dozens more.  The company’s claims were denied twice, once over djbatman.com and the second time over daisydukes.com which is owned by Rick Schwartz.  Rick Schwartz won the case after Warner Bros had not satisfied its burden of proof to establish bad faith registration and use under paragraph 4(a)(iii) of the Policy.

In the case of ManofSteel.com, which is currently registered to a LBR Enterprises in California, chances are the domain name will be transferred to Warner Bros. if they are the complainant.

The company also doesn’t own TheManofSteel.com, but no dispute has been filed as of yet.  The domain name is currently listed for sale at Sedo for $300 USD, a cheap price compared to what the company may have to pay in legal fees (should it file a complaint) for a legal dispute that is not guaranteed to go in their favor.