Activision Wins Suit Against

Florida domain holder loses URL to game company after brief legal squabble.

By , Contributor

Due in two months, Activision's potential 20 million unit seller Modern Warfare 3 is driving enough traffic that someone saw fit to register the domain name Smart.

What wasn't smart was posting content related to rival military shooter Battlefield 3 from EA. Monty Python spoofs did not make a happy Activision, who filed a grievance with the National Arbitration Forum.

Well, Activision won.

Floridian Anthony Abraham's defense claimed fair use and that the terms "modern" and "warfare" were generic enough. Never mind that whole "3" part, which likely soured his defense from the get-go.

The Arbitration Forum awarded the legal victory to Activision based on three criteria: the name is confusing, the holder has no interest in the name, and it's being used in bad faith. While the name isn't necessarily confusing, it's quite obvious Abraham was surely utilizing the name in bad faith.

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Matt Paprocki is a 13-year veteran of the video game, movie, and home media scene. He has written thousands of reviews, has been published on a variety of websites, and contributes his thoughts daily on a diverse range of topics.

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