Take-Two Loses BioShock Domain Name Fight

August 25, 2010 -

Take-Two Interactive fought the good fight but failed to prevail in a lawsuit against a company that specializes in domain squatting - the practice of buying up and sitting on domains for potentially popular products. A company called NA Media grabbed the domain name in early 2004 after word slipped out that BioShock was in the works at Irrational Games. Unfortunately for Take-Two, the company hadn't trademarked "BioShock" before NA Media registered "www.bioshock.com."

That had a profound impact on Take-Two's court case, according to Gamer/Law, which reported today that the company had lost in court. The simple fact that Take-Two hadn't managed to register the trademarks at the time of the URL's registration really weakened the publisher's case, but Name Administration also argued in court that Bioshock had other meanings separate from Take-Two's business - even citing interest from Johnson & Johnson to use it for some odd line of skincare products.

While Take-Two tried to argue that NA Media had a history of squatting on its domains, having once registered taketwointeractive.com (later handed over to Take-Two). NA Media countered that at the time of the unofficial announcement and the subsequent grab of the domain, Take-Two was not openly associated with BioShock. Bioshock2.com is currently in a similar situation, but Irrational Games has secured Bioshockinfinite.com for its next game in the series.


Comments

Re: Take-Two Loses BioShock Domain Name Fight

All companies have to do is refuse to pay anything more a grand or two for a domain and people will lose interest. I know this can mean a bit of lost traffic, but especially in the case of Bioshock, how much traffic do you need for a game to still sell? I nearly never go a game's website even for patches. The only game sites I have visited in recent memory are Elemental: Magic whateva, and Bethesda's Oblivion page.

Re: Take-Two Loses BioShock Domain Name Fight

Well, the squatters still profit off people looking for the game's site and landing on their's instead thus driving up revenue.

There is also the prinicple of the matter... someone, after getting inside information, took thier IP and tried to get them to pay for it.  There is supposed to be a process for resolving names registered in bad faith (which used to be easily abused) but I guess the pendulum has swung the other way.

Re: Take-Two Loses BioShock Domain Name Fight

Given how lopsided domain name resolutions are... this really surprises me.  Have they reformed the system or something?

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
Sleaker@MP - devolver Digital issued a twitter statement saying they would replace the NISA pledge.07/29/2014 - 10:57am
E. Zachary KnightIs that a discussion about RIAA member music labels?07/29/2014 - 10:48am
MaskedPixelantehttp://steamcommunity.com/app/251150/discussions/0/43099722329318860/ In this thread: Idiots who don't understand how licensing works.07/29/2014 - 9:20am
MaskedPixelantehttp://www.joystiq.com/2014/07/28/gaymerx-in-dire-straits-after-nis-america-allegedly-backs-out-of/ NISA backs out of GaymerX support, but it seems like the only people crying foul are GaymerX.07/29/2014 - 6:30am
Papa MidnightIt's not bad so far, but I am honestly not sure what to make of it (or where it's going for that matter)07/28/2014 - 9:44pm
Matthew Wilsonis it any good?07/28/2014 - 9:36pm
Papa Midnight"Love Child" on HBO -- anyone else watching this?07/28/2014 - 9:27pm
MaskedPixelanteNah, I'm fine purple monkey dishwasher.07/28/2014 - 4:05pm
Sleaker@MP - I hope you didn't suffer a loss of your mental faculties attempting that.07/28/2014 - 3:48pm
MaskedPixelanteOK, so my brief research looking at GameFAQs forums (protip, don't do that if you wish to keep your sanity intact.), the 3DS doesn't have the power to run anything more powerful than the NES/GBC/GG AND run the 3DS system in the background.07/28/2014 - 11:01am
ZenMatthew, the 3DS already has GBA games in the form of the ambassador tittles. And I an just as curious about them not releasing them on there like they did the NES ones. I do like them on the Wii U as well, but seems weird. And where are the N64 games?07/28/2014 - 10:40am
james_fudgeNo. They already cut the price. Unless they release a new version that has a higher price point.07/28/2014 - 10:19am
E. Zachary KnightMatthew, It most likely is. The question is whether Nintendo wants to do it.07/28/2014 - 10:12am
Matthew WilsonI am sure the 3ds im more then powerful enough to emulate a GBA game.07/28/2014 - 9:54am
Sleaker@IanC - while the processor is effectively the same or very similar, the issue is how they setup the peripheral hardware. It would probably require creating some kind of emulation for the 3DS to handle interfacing with the audio and input methods for GBA07/28/2014 - 9:30am
Sleaker@EZK - hmmm, that makes sense. I could have sworn I had played GB/GBC games on it too though (emud of course)07/28/2014 - 9:23am
E. Zachary KnightSleaker, the DS has a built in GBA chipset in the system. That is why it played GBA games. The GBA had a seperate chipset for GB and GBColor games. The DS did not have that GB/GBC chipset and that is why the DS could not play GB and GBC games.07/28/2014 - 7:25am
IanCI dont think Nintendo ever gave reason why GBA games a reason why GBA games aren't on the 3DS eshop. The 3DS uses chips that are backwards compatable with the GBA ob GBA processor, after all.07/28/2014 - 6:46am
Sleakerhmmm that's odd I could play GBA games natively in my original DS.07/28/2014 - 1:39am
Matthew Wilsonbasically "we do not want to put these games on a system more then 10 people own" just joking07/27/2014 - 8:13pm
 

Be Heard - Contact Your Politician