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.
ZippyDSMleeRyan Rardin:I already own the game I will wait till the PS4 can paly PSX/ps2 games. Really wish they would make a shrt run of 700$ all in one PSX console.....save me a ton of shelf space!04/18/2015 - 5:45pm
PHX Corphttp://www.extremetech.com/computing/203654-leaked-sony-emails-show-mpaas-opposition-to-fair-use-confirms-users-are-viewed-as-thieves Leaked Sony emails show MPAA’s opposition to fair use, confirms users are viewed as thieves04/18/2015 - 10:49am
prh99I'd happily run DBAN on all their servers and back up with a 7 pass wipe.04/18/2015 - 1:07am
Matthew Wilsonmetaphorically speaking of course04/17/2015 - 9:40pm
Matthew Wilsonhttps://soundcloud.com/totalbiscuit/brevity-is-the-soul-of-twit I agree with TB twiter is not good for anything more their links. twiter is a toxic wasteland, and I wish I can nuke it from orbit.04/17/2015 - 9:38pm
MechaCrashI can understand why Sony wants the Pokemon and Smash movie rights, but it's not hard to see why Nintendo wouldn't want to sell to them. Kinda their competitors in the console arena.04/17/2015 - 8:01pm
PHX Corp@MW We won't know until the nintendo General Shareholders meeting if the leaks(From Sony Pictures) is true or not04/17/2015 - 7:55pm
MechaCrashIn GG news: they got kicked out of Calgary Expo for getting a booth under false pretenses and disrupting panels. http://www.themarysue.com/calgary-expo-gamergate-evicted/ How long before they get thrown under the No True Scotsman bus?04/17/2015 - 7:53pm
MechaTama31EZK: Because what if I want to see that website I was looking at a while ago? Well, just keep scanning through my tabs til I see it! There's an aspect of archaeology to it, too. "Oh yeah, I was looking up how to build my own pizza oven. Good times..."04/17/2015 - 6:52pm
Matthew Wilsondo it in the art style of those trailers, and I am on board.04/17/2015 - 5:24pm
PHX Corphttp://mynintendonews.com/2015/04/17/sony-were-apparently-trying-to-get-the-rights-to-a-pokemon-and-super-smash-bros-movie/ Sony Were Apparently Trying To Get The Rights To A Pokemon And Super Smash Bros Movie04/17/2015 - 4:14pm
E. Zachary KnightCan't wait to see the new digs on Saturday.04/17/2015 - 1:41pm
Andrew EisenBy the by, I moved this week so if I dropped a comment thread or two, my apologies for leaving you hanging.04/17/2015 - 12:22pm
Andrew EisenIf I were going to buy Mortal Kombat X, I'd wait for the inevitable Game of the Year edition that includes all the DLC for an overall cheaper price.04/17/2015 - 12:22pm
PHX CorpMortal Kombat X: On Disc DLC Confirmed Read more at http://gamingbolt.com/mortal-kombat-x-on-disc-dlc-confirmed04/17/2015 - 12:17pm
james_fudgeme04/17/2015 - 8:37am
Ryan RardinWho else would like to see The Misadventures of Tron Bonne on PlayStation Classics?04/17/2015 - 2:21am
ZippyDSMleeso I can save my bookmarks and nuke it with a ree install put my bookmarks back reget all my plugins and I am good to go04/17/2015 - 2:15am
ZippyDSMleeMechaTama31: I run 70 tabs and use a suspend plugin to suspend them. i have a folder in my bookmarks that have all my pluings in it04/17/2015 - 2:14am
E. Zachary KnightOnly one question: Why?04/16/2015 - 10:16pm
 

Be Heard - Contact Your Politician