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News

Arizona State University wins SunDevils.com domain from naturists

Sparky

The web address sundevils.com won’t be such a shock to visitors soon enough.

The Arizona Board of Regents, on behalf of Arizona State University has won a dispute for the domain name after filing a complaint (case no. 1393853) with the National Arbitration Forum (“NAF”) in late June.  The decision was published online today.

The URL sundevils.com, in case you happen to type it into a browser (WARNING: Still NSFW), re-directs visitors to the home page of “Diablo Sun Devils”, a naturist club that displays adult content.

According to the case details, the owner of the domain failed to respond to the complaint.

The panelist, Honorable Paul A. Dorf (Ret.), ordered the domain be transferred after finding that the domain was identical and/or confusingly similar to the Sun Devils trademark, the use of a disputed domain name to display or link to adult-oriented material was further evidence of a lack of rights and legitimate interests in the domain name, and that redirecting to adult-oriented content demonstrated bad faith.

You can read all the gory details of the decision here.

Discussion: Deadspin and Startribune

(Photo of Sparky via Arizona State University)

Categories
Disputes News Technology WIPO

Apple wins dispute over iPods.com, domain name ordered transferred

iPod Shuffle

Updated August 1, 2011:  The full administrative panel decision has been posted online.

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WIPO Panelist David Cairns has ruled in favor of Apple in a dispute over the domain name ipods.com.

Apple filed the complaint at the end of May with the World Intellectual Property Organization.

Although the company is known for paying millions of dollars for domain names, sometimes months after launching a product, it may be adopting a different approach by following the Uniform Domain Name Dispute Resolution Policy (the UDRP), which costs thousands not millions when it’s successful for a complainant.  

In the case of iCloud.com which captured technology news headlines, the company reportedly paid $4.5 million in late April for ownership of the domain name (along with others) from Swedish cloud computing company Xcerion, shortly before officially launching the service. 

But the days of Apple purchasing domain names for seven figures, like it did for iPhone.com from businessman Michael Kovatch months after it released the iPhone, might be gone.

Full details of the ruling in case no. D2011-0929 have not been posted yet, which would explain what led Panelist David Cairns to the decision of ordering ipods.com to be transferred to Apple.  

The decision was just issued this past Friday, on July 29, according to WIPO’s website.  When the full decision becomes available online, I will update this post.

Depending on the reasoning, this decision could prompt Apple to file dozens of disputes over web addresses it still doesn’t own such as iPad.com, iPads.com, Macs.com, iPhones.com, iPhone5.com and countless more.

Earlier this month, Apple acquired the domains iPhone4.com and WhiteiPhone.com for an undisclosed amount.

Discussion: Apple Insider, Chron.Com / TechBlog, iPodNN, Neowin.net, 9to5Mac, Network World, The Inquirer, Mashable, Geeky Gadgets, the Sociable and Techmeme

(Photo of iPod Shuffle Second Generation via Wikipedia)

Categories
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, JoystiqGame 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, GoNintendoJoystiq, 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

Categories
News Technology

Apple acquires ‘leaked’ iPhone4.com domain name, still missing others

iphone4

Apple has officially acquired the domain name iPhone4.com, the fourth generation of its iPhone that was released in 2010.

The iPhone 4 has been one of Apple’s more controversial devices, after technology news site Gizmodo obtained a prototype of the smartphone before its release.

The Whois record for iPhone4.com switched from Whois Privacy Services to Apple Inc on July 11.

Registrant:
Apple Inc.
Apple Inc.
1 Infinite Loop
Cupertino CA 95014

Domain Name: iphone4.com

Registrar Name: Markmonitor.com
Registrar Whois: whois.markmonitor.com

Administrative Contact:
Apple Inc.
Apple Inc.
1 Infinite Loop
Cupertino CA 95014
US

Created on…………..: 2006-08-11.
Expires on…………..: 2020-08-11.
Record last updated on..: 2011-07-11.

Apple may now own iPhone4.com, but according to registrant records the company still doesn’t own iPhone5.com, iPhone6.com, iPhone7.com, iPhone8.com… you get the idea.

Apple acquired iPhone.com for an undisclosed amount in 2007, which many speculate the company paid over $1 million to acquire the name.

This week Apple also acquired the domain name WhiteiPhone.com for an undisclosed amount.

Discussion: TechCrunch, Mac RumorsThe Washington Post, Cult of MacElliot’s Blog, Redmond PieUberGizmo, TNerd, DomainNameNews and InvestorPlace