EA loses battle

National Arbitration Forum panel decides in favour of original domain registrant

EA has lost a legal battle to reclaim the domain name, 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.

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Latest comments (4)

James Prendergast Research Chemist 8 years ago
How is it that EA didn't have as of the original game in the early part of this decade?!
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John Donnelly Quality Assurance 8 years ago
It is possible it was already registered before SSX was released as a game.
As noted this was purchased as part of a portfolio of web addresses. EA took a case against the new owner not the previous company.
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Klaus Preisinger Freelance Writing 8 years ago
three letter domains usually get all grabbed the very day you can register a domain. The same will happen when the .sex domains get released. Getting a three letter domain is a lottery in itself.
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Ove Larsen8 years ago
Thin ice indeed. Just so happened to shop that address a couple of months before that ssx game we never heard about. Our research team, internally known as the "google it" position, was on vacation at the time we made this deal.
On the other hand, thad address should have been EA property already.
Actually, I thought a company the size of EA would have all of their IP's wrapped to a .com
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