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Call of Duty publisher Activision has won a lawsuit filed in July against the individual who owned the ModernWarfare3.com domain name.
They made the move after it became obvious that the owner of the website was a supporter of the Battlefield franchise, Call of Duty’s main competitor.
A three member panel has decided that they agree with Activison and ruled in the company’s favour.
Initially, the website would simply redirect to the official EA Battlefield website. However, after the case was brought forward, the website began a more verbal anti-CoD campaign by stating that the forthcoming Modern Warfare title was “the copy and paste sequel to the lacklustre Modern Warfare 2.”
In an eleven page legal document, Activision stated: “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.”
Anthony Abraham, owner of the domain, argued that the title Modern Warfare was a generic term and not monopolised by Activision.
However, the panel decided that the domain was identical to Activision’s trademark and found in its favour, meaning the game publisher now has control over the domain.
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