Activision Publishing, Inc., this November is set to release Call of Duty: Modern Warfare 3, the latest edition of its record breaking Call of Duty first-shooter video game franchise.

Developed by Infinity Ward, Modern Warfare 3 will have Task Force 141 Captain John "Soap" MacTavish, former SAS Captain John Price, and Russian informant Nikolai back for the breathtaking visuals, car chases, and shootouts. Russian Ultranationalist Vladimir Makarov will also reprise as the chief antagonist. MW3 hopes to keep CoD's edge over competitors by running at a high frame rate of 60FPS. MW3 also has a new survival mode, a revamped killstreak reward system, and new features for online play.

A week before MW3's release, another military-themed FPS game, Battlefield 3, will be available for Microsoft Windows, PlayStation 3, and Xbox 360. Published by Electronic Arts,BF3 will focus on team play to counter the enemy team. BF3 will reintroduce fighter jets, the prone position and 64-player battles on PC and other elements absent from the Bad Company versions.

Launched in November 2007, the initial Call of Duty: Modern Warfare game sold seven million copies. Announced by Activision in December 2008, Modern Warfare 2 has since sold 11 more than 11 million units (translating to $600 million in gross receipts) since its November 2009 release. Activision has been using ModernWarfare2.com to provide downloadable map packs and other updates.
An unnamed individual via GoDaddy.com registered the domain name ModernWarfare3.com in March 2009, well before Modern Warfare 3 was announced.

Now with Activision ready for another record-breaking installment of the CoD franchise, the game publisher has filed a complaint with the National Arbitration Forum last week to stop Scottsdale, Arizona-based Domains by Proxy, Inc., the current operator of the ModernWarfare3.com, from further using the site.

The is not a case of a Call of Duty fan or an individual hoping to profit from the publisher or developer's failure to register the domain for, or forecast, a 3rd installment of Modern Warfare. The site in fact redirected visitors to CoD's biggest rival.

The domain at one time redirected to the game Battlefield and urged visitors to "grow up and forget about Modern Warfare 3 (because it looks just like Modern Warfare 2) and buy Battlefield 3 instead," all while having the logos and appearance of a Modern Warfare 3 site that Activision says was confusing to consumers.

Accordingly, Activision wants the National Arbitration Forum to order the transfer of the domain to Activision pursuant to the Uniform Domain Name Dispute Resolution Policy (UDRP).

Under the rules of the UDRP, for the cancellation or transfer of a domain name, the complainant must establish that (1) the domain is identical to a trademark it has the rights to, (2) that the person who registered it has no rights or legitimate interests to the domain name, and (3) that the individual in fact is using it in bad faith.

To build its case, Activision argues that by virtue of its longstanding use of the Modern Warfare trademark, its extensive marketing and promotional activities, the nearly unrivaled sales volume for the franchise, the unsolicited media attention and awards for the games, and its strong enforcement and registration program, MODERN WARFARE was extensively and prominently used prior to the ModernWarfare3 domain registration date, and was as of that date and continues to be a highly distinctive and famous trademark that symbolizes substantial goodwill.

Arguing that the domain name owner has no legitimate interests, Activision pointed out that until recently, the domain name featured MODERN WARFARE 3 in such a prominent and conspicuous manner as to lead visitors to believe that the site was the official site for Complainant's upcoming new release, but then proceeded in smaller print to openly promote EA's Battlefield game at the expense of the games offered under the Modern Warfare trademark.

Activision also suggested that the domain owner was profiting from its trademarked franchise, noting of advertisements from retailers like GameStop and BestBuy. It also suspects that the site may have received financial benefits from strongly encouraging site visitors to register to become a video game tester.

To support its arguments that the domain name registration was made in bad faith, Activision noted that the domain name was registered well after the release of Modern Warfare 1 and after the announcement of Modern Warfare 2 -- circumstances which suggest strongly "an opportunistic registration of the domain name corresponding to what was certain to be the title of the next game in the Modern Warfare series," according to Activision.

Does the individual deserve to keep the site? Or does he deserve a substantial payment from Activision in exchange for giving up the site? Or should he be forced to give up the domain and be given a spanking? Tell us what you think.