Category: Disputes

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Disputes National Arbitration Forum Video Games

Next-generation Xbox may be called Xbox Gold, according to recent domain activity [UPDATED]

Xbox Gold

As we get closer to Microsoft revealing its next-generation Xbox console, there will be a lot more talk about the name. Over the years, people have been suggesting possible names like the Xbox 720, Xbox Infinity, Xbox 8, Xbox Next, and the list goes on and on.

Given all the information already known about the next-gen console, here’s another name to throw into the ring: Xbox Gold.

Now before you say to yourself, “No way it will be called this”, this speculation isn’t entirely from left field, as Microsoft has left a new trail of domain bread crumbs recently involving the name “Xbox Gold”.

Trail of domain clues

The first clue that Microsoft may have plans to use “Xbox Gold” came two weeks ago when the company filed a complaint (Case Number: 1483759) with the National Arbitration Forum over the domain XboxGold.org. A day later, Microsoft followed up that complaint, with another over Xbox-Gold.com (Case Number: 1484502).

Then, this week, the company acquired the name XboxGold.com from its previous owner, according to WHOIS records.

And that’s not all: over the last several days, as rumors of Microsoft preparing an Xbox event in April have been swirling around the internet, the company has been quietly acquiring and purchasing other “Xbox Gold” domain names like XboxGold.cn, XboxGold.es, XboxGold.eu, XboxGold.in, XboxGold.com.au, and XboxGold.asia.

Since Microsoft first filed its domain disputes earlier this month, I’ve been doing quite a bit of monitoring of Xbox Gold domains and have tracked the activity, which has led me to speculate on the next-gen console’s name.

Protecting IP or aligning next-gen console’s name with an already existing service?

You could argue Microsoft is doing nothing more than protecting its intellectual property, particularly its Xbox LIVE Gold subscription service.

It’s a possibility the company is simply defending its IP, but it’s also a possibility that the console could be named “identically to one of already existing services”, as was one of many rumors last October.

Users often refer to Xbox LIVE Gold as Xbox Gold, and if Microsoft decides to couple the next-gen console’s name with one of its already existing services, what better name than “Xbox Gold”?

While “Xbox Gold” hasn’t been one of the next-gen console names being tossed around the internet before, with all the recent steps the company has been taking to secure domain names this month, it’s a candidate.

Xbox LIVE Gold has been around for a number of years, so why start “defensively” acquiring and purchasing related names to the service a month before the rumored big reveal of the next-gen Xbox? Microsoft could have gone after the names a long time ago.

Microsoft’s report card on matching Xbox next-gen domains

The company’s report card on owning matching Xbox next-gen domain names is mixed.

Which name Microsoft goes with, may depend on what they already own.

Here’s a look.

Xbox720.com (WHOIS) – Microsoft does not own the domain.  The web address made news last year after the owner redirected it to Sony’s Playstation 3 site.  Today, the name sends visitors to a website called eGusta.

XboxInfinity.com (WHOIS) – Microsoft does not own the domain.  It is currently owned by a resident of China who registered the name after it expired in late 2012.  The domain points a parked web page monetized with ads.

Xbox8.com (WHOIS) -Microsoft does not own the domain.  It is also owned by a resident of China.  The domain name does not resolve to a web site at the time of this story being published.

XboxDurango.com (WHOIS) – Microsoft does not own the domain.  It’s parked at Go Daddy and registered to a resident of California.

XboxNext.com (WHOIS) – Microsoft does own this domain, which it uses to redirect visitors to Bing.  The company has owned the domain for more than 10 years, but has never put it to use.

XboxGold.com (WHOIS) – You already know the story. Microsoft acquired the name earlier this week, but it’s unknown whether the company opened up its wallet to acquire the name, or if it threatened legal action in order to obtain it.

What next?

With regards to the XboxGold.org and Xbox-Gold.com domain disputes, the cases are still pending.  It may be weeks before we know the outcome.Last July, Microsoft’s won two Xbox 8-related names at NAF.

In 2013 alone, the company has won or filed complaints over a number of names like XboxFitness.com, XboxFitness.net, XboxAccount.com, XboxSafety.com and more.

I’ve reached out to XboxGold.com’s previous owner to inquire about the transaction, and will update this post if I hear anything back.

UPDATE 1:. “Xbox Gold & Entertainment” is mentioned in this internal Microsoft event agenda that was leaked.   It does have a “services” ring to it… via: Gamechup  source: NeoGAF

Internal Event Agenda (Microsoft Xbox) March 2013

Talking about this story: NeoGAF, Anime News Network, OnlineWelten.com, NowGamer, PC Games Hardware, PC Games, GameZone and We Got This Covered

Readers: What do you think? Is “Xbox Gold” a long shot?

(Image of next Xbox concept art via designer Joseph Dumary)

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Disputes News Technology WIPO

Twitter files dispute over Twitter.org, domain being used for scam surveys

Twitter.org

Twitter has filed a complaint with the World Intellectual Property Organization (WIPO) over the domain name Twitter.org.  Today, people who type Twitter.org into their internet browser are sent to a web page that looks confusingly similar to the popular microblogging site.  A landing page appears that tries to lure people into taking a scam survey.

WIPO Case Number D2013-0062, which became active this week, is one of less than a dozen domain disputes that have been filed by Twitter and the first for the company in 2013.  Every single case has ended in Twitter’s favor thus far, in some instances without a decision even being handed down by an arbitration panel.  The case for TwitterSearch.com, for example, was terminated, but eventually transferred to Twitter’s control.

Its last dispute over the typo domain Twittter.com (with an extra ‘t’), filed in late 2011 with WIPO, was very similar to this one in that unsuspecting users were lured to a site that looked confusingly similar to the official Twitter site.   The user was then guided through a series of questions that attempted to gather personal information by promising free gifts like an iPad 2.

The surveys that are shown when people try to go to Twitter.org are more current in technology though, offering gifts like the iPhone 5.

According to WHOIS historical records, the domain Twitter.org was registered in the mid-2000s, only months after the dotcom was registered.  The name stayed with its owner, a resident of New York, up until mid-2011 when it began changing hands.

Before redirecting users to a variety of web addresses serving up online surveys, the name was parked and displayed third party advertisements.  Here’s a screenshot of Twitter.org back in 2006.

Twitter.org

As of right now, Twitter.org (WHOIS) is privately registered through Moniker, so it’s unknown who currently owns the name.

Cases like these are usually slam dunks in favor of the complainant.  Last year at this time, Google won a similar case involving YouTube typo domain names.  Not long before that, LinkedIn filed a dispute over LinkdIn.com which redirected users to survey scams.   The company eventually took ownership of the name and withdrew its complaint.

As with any Uniform Domain-Name Dispute-Resolution Policy (UDRP), to win the dispute, Twitter must demonstrate that all of the elements enumerated in paragraph 4(a) of the Policy have been satisfied:

(1) that the disputed domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and

(2) that the Respondent has no rights or legitimate interests in respect of the disputed domain name; and

(3) that the disputed domain name has been registered and is being used in bad faith

Stay tuned for updates…

Talking about this story: Marketing Land and Domain Name Wire

Categories
Disputes National Arbitration Forum Video Games

Blizzard Entertainment takes ownership of mysterious Heroes of Warcraft domain

Heroes of Warcraft

Blizzard Entertainment

Blizzard Entertainment has taken ownership of the domain HeroesofWarcraft.com.

Back in November 2012, the gaming company filed a complaint with the National Arbitration Forum (NAF) against the owner, setting off speculation about the company’s future plans and rumblings that Warcraft IV might be in the works.

The dispute for the domain name was won by Blizzard Entertainment, but not in the traditional sense.  Instead of waiting on a decision to be handed down by the NAF arbitration panel, the complaint (Case No. 1470639) was withdrawn and the original owner transferred the name to Blizzard this week.  The WHOIS record now shows “BLIZZARD ENTERTAINMENT, INC.” as the registrant.

It’s unknown how the two sides arrived at an agreement or whether any money exchanged hands.

So, what is Heroes of Warcraft?

As I pointed out in my story in November, Warcraft III started out as a game called Heroes of Warcraft, but was ultimately called Warcraft III: Reign of Chaos.

A lot of people have their own theories, however, Blizzard still has yet to announce anything official, so for now, a game being released called “Heroes of Warcraft” remains speculation.

As of today, Blizzard also owns HeroesofWarcraft.net (WHOIS) and HeroesofWarcraft.co.uk (WHOIS), but none of the names including HeroesofWarcraft.com, resolve to a web page.

Talking about this story: PC Games, MMO Champion and OnlineWelten.com

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Disputes News WIPO

Model Cindy Crawford files dispute over CindyCrawford.com, domain redirects users to porn site

Cindy Crawford

Model Cindy Crawford who is well known for her mole just above her lip, has filed a complaint (Case Number: D2012-2454) with the World Intellectual Property Organization (WIPO) over the domain name CindyCrawford.com, a web address that – at the time of this story – redirects users to a hardcore adult site filled with videos of the porn actress by the same name.

Throughout the years, CindyCrawford.com has been home to fairly tame content according to a screenshot history search.  Up until recently, the site was more informational, providing news and content to fans about the American model.

In recent months, it appears the domain’s owner decided to start redirecting users to an adult website containing videos of a pornographic actress whose legal name is Cindy Crawford.

Cindy Crawford

In mid-2000, the adult star was contacted by the mainstream supermodel who disputed the use of her name.  As reported by XBIZ.com, “…Crawford was able to prove that it is — and always has been — her legal name. While representatives for the mainstream Crawford may not like the coincidence, there is nothing they can do about it.”

According to WHOIS records, CindyCrawford.com is registered to a Spain-based company called Producciones Asstalfondo.

To win this dispute, Cindy Crawford must demonstrate that the following have been satisfied:

(1) that the disputed domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and

(2) that the Respondent has no rights or legitimate interests in respect of the disputed domain name; and

(3) that the disputed domain name has been registered and is being used in bad faith

Categories
Disputes National Arbitration Forum News Video Games

Microsoft disputes XboxFitness.com, files European Community trademark [UPDATED]

Xbox Fitness

Microsoft has filed a complaint (Case Number 1473274) with the National Arbitration Forum (NAF) over the domain names XboxFitness.com and XboxFitness.net.

So, is this domain dispute nothing more than the company trying to protect its intellectual property?  Or, could Microsoft be looking to launch a new service beyond its Kinect Fitness line of products which haven’t received the best reviews over the years?

It appears plans are in the works to launch a new service as Microsoft filed a European Community trademark application earlier last month (trade mark no 011333705) for Xbox Fitness that covers, “Telecommunication services, namely, providing electronic transmission of video over the Internet.”

Throughout the past year, the company has filed a number of complaints with NAF, some of which became new services and others that have yet to materialize.

In May, Microsoft went after the domain XboxMusic.com and won.  Xbox Music was launched on October 16, 2012.  In another case, Microsoft filed a complaint (Case Number 1446970) over XboxSmartGlass.com, and also launched the service in late October.

The domain name dispute proceedings commenced this week.  Microsoft also filed a separate complaint (Case No. 1473913) over the names microsoftapproval.com, xboxsafety.com and xboxaccount.com.

Currently, XboxFitness.com (WHOIS) and XboxFitness.net (WHOIS) redirect visitors to xbf.co, and are owned by a resident of Canada.

Microsoft has a lot of success with its domain disputes, so the newest cases will likely go in their favor.

At the time of this story being published, Microsoft has made no official announcement regarding Xbox Fitness.

UPDATE:. Microsoft has won the dispute for XboxFitness.com and .net.  Both domains have been ordered transferred.

Talking about this story: NowGamer

(Image via Xbox.com)