Category: Video Games

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Disputes National Arbitration Forum News Trademarks Video Games

Google files a complaint over the GooglePlay.com domain name

Google Play

Google introduced Google Play earlier this week and one of the key missing pieces for the online launch was the domain name GooglePlay.com.  That’s because the name has been owned by someone else and not the search engine giant for years.

But Google isn’t wasting any time trying to get the domain name to go with its new entertainment hub.  A complaint (Case No. 1432449) has now officially been filed with the National Arbitration Forum.

Google submitted a trademark application (Serial Number: 85560994) with the United States Patent and Trademark Office on March 5, 2012, one day before officially announcing the launch of Google Play on its official blog.

The goods and services in the trademark filing cover:

computer software for transmission and display of digital content, audio works, visual works, audiovisual works, electronic publications, books, movies, and music; computer software for browsing and accessing digital content, computer software, computer games, audio works, visual works, audiovisual works, electronic publications, books, movies, and music

online retail store services featuring digital content, computer software programs, computer games, audio works, visual works, audiovisual works, electronic publications, books, movies, and music

providing temporary use of non-downloadable computer software for browsing and accessing digital content, computer software programs, audio works, visual works, audiovisual works, electronic publications, books, movies, and movies; providing temporary use of non-downloadable computer software for transmission and display of digital content, audio works, visual works, audiovisual works, electronic publications, books, movies, and music

Today, GooglePlay.com is owned by a resident of Japan according to Whois records.  The site displays third party ads in Japanese.

Google uses play.google.com as its online destination and is most certainly bleeding traffic to GooglePlay.com.

In order for the name to be transferred to Google, the National Arbitration Forum Panel will determine if the disputed domain meets the following three elements required under the ICANN policy:

(1) the domain name is identical or confusingly similar to a trademark in which the complainant has rights
(2) the owner has no rights or legitimate interests in respect of the domain name and;
(3) the domain name has been registered and is being used in bad faith. 

As I reported at the beginning of the month, Google registered a slew of googleplay domain names in late February through the brand protection company MarkMonitor, but missing in the list was googleplay.com.

Discussion: The Next Web, Techmeme, Electronista, NU.nl, Marketing Land, WebProNews and Softpedia

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Disputes National Arbitration Forum News Video Games

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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News Video Games

Ubisoft Entertainment registers the domain name JustDancePropel.com

Just Dance Propel

Back in mid February, Ubisoft reported its final sales figures for third quarter 2011-12 and its flagship game Just Dance was a “star performer”.  Around the same time, what was purported to be Ubisoft’s official 2012 release schedule was posted to the internet by Gameranx, which included a game titled Just Dance Final Party.  However, Ubisoft quickly shot down rumors saying the lineup was inaccurate to a number of sites that had published the list.

With such a strong franchise, it wouldn’t be much of a surprise that the next Just Dance title is already in the works, but what could it be named?

How about Just Dance Propel?

According to Whois records, Ubisoft Entertainment registered the domain JustDancePropel.com on March 2, 2012.

As for rumored titles like Just Dance Final Party and Just Dance Best Of, Ubisoft doesn’t seem all that interested. 

In fact, at the time of this story going online, neither of the domain names are registered.

Currently, justdancepropel.com resolves to a parked page on Gandi.net.

Discussion: Joystiq, VG247 and N4G

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News Video Games

Mini Ninjas sequel to be called Hiro’s Adventure? Square Enix registers names

Mini Ninjas: Hiro's Adventure

Two recent domain name registrations by Square Enix Limited suggest that a sequel to the action-adventure video game Mini Ninjas may be in the works. 

According to Whois records, the youngest of all the mini ninjas may be embarking on a new quest called Hiro’s Adventure.  On March 2, 2012, Square Enix Limited registered the domains HirosAdventure.com (Whois) and MiniNinjasHirosAdventure.com (Whois).

The original Mini Ninjas, which follows the main character Hiro as he sets out to stop the Evil Samurai Warlord, was first released in 2009 and has been well-received by critics, scoring an 8 out of a possible 10 according to GameRankings.

In December 2011, Square Enix announced it would be releasing Mini Ninjas on the browser using Google’s Chrome.

At the time of this story, Square Enix has not announced anything about a sequel and both domains resolve to a blank web page, not an active website.

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News Video Games

Microsoft looking to future, secretly acquires Halo5.com, Halo9.com

Halo 5

Remember last year when Microsoft acquired Halo4.com for an undisclosed amount from its previous owner?  

Well, it looks like Microsoft is at it again, this time with the domains Halo5.com and Halo9.com.

According to Whois records, Microsoft has secretly acquired Halo5.com (Whois) and Halo9.com (Whois) from their previous owners using brand Corporation Service Company’s shell company Name Rally.  Name Rally is the same intermediary Microsoft used to acquire AnswerDesk.com.

Of course, these acquisitions may be nothing more than Microsoft defending its intellectual property, but it’s also possible the company is looking far ahead to the eventual releases of Halo 5 and even Halo 9.

So, what’s Microsoft’s current report card on Halo domains up through Halo 10, as of today? 

Here’s a look.

Halo.com – registered and active website owned by HALO Brand Solutions, not Microsoft.
Halo1.com – registered and active website owned by HALO ONE, not Microsoft.
Halo2.com – owned by Microsoft Corporation.
Halo3.com – owned by Microsoft Corporation.
Halo4.com – owned by Microsoft Corporation.
Halo6.com – Parked at Network Solutions by Colby Thiesen, not owned by Microsoft.
Halo7.com – privately registered and active website, not owned by Microsoft.
Halo8.com –  registered and active website owned by Halo 8 Productions, not Microsoft.
Halo10.com – owned by Microsoft Corporation.

I’ve reached out to the previous owner of Halo9.com to learn more about the transaction and will update this post if I hear back.

Discussion: This is Xbox and Redmond Pie