EA loses SSX.com battle
National Arbitration Forum panel decides in favour of original domain registrant
EA has lost a legal battle to reclaim the domain name SSX.com, after it claimed the current registrant was using it in bad faith.
"The EA allegations of bad faith in part are based upon the lack of due diligence conducted by retailers of domain names like Respondent," said the response from the National Arbitration Forum panel, published by Domain Name Wire.
"EA would seem to require that entities like Respondent conduct an international search for relatively obscure trademarks in order to determine whether a name is a registered mark. The Panel is not willing to go so far."
Abstract Holdings International LTD, current owners of the domain, purchased it in October 2011. It argued that while it briefly used the domain to advertise video games, the domain was not registered in bad faith. It was in fact purchased as part of a $200,000 portfolio of titles.
Despite deciding in its favour, the panel did comment that Abstract Holdings International LTD was on "thin ice" and could have been more thorough in checking that portfolio for trademarked domains.
"Given the ease of searches using the common tools of the Internet, how much is it to ask of a retailer like Respondent to do a little extra work?"
EA's new SSX title is due for release in February.