Good News For Grand Theft Auto Fans!

[Pound]

Was browsing the WIPO site and found:

http://www.wipo.int/amc/en/domains/decisions/html/2007/d2007-0501.html

Looks like they are planning on releasing quite a few more in the series!

1. The Parties

The Complainant is Rockstar Games, New York, New York, United States of America, represented by Gena A. Feist, Esq., United States of America.

The Respondent is Texas International Property Associates, Dallas, Texas, United States of America, represented by Gary Wayne Tucker, United States of America.



2. The Domain Name and Registrar

The disputed domain name <grandtheftauto6.com> is registered with Compana LLC.

 

[Peter]

That does not indicate anything about more grand theft auto games.

the domain could have been grandtheftauto100000000.com and it would still go to a UDRP. They have blatantly used a trademark within the domain name.

 

[Pound]

That does not indicate anything about more grand theft auto games.

the domain could have been grandtheftauto100000000.com and it would still go to a UDRP. They have blatantly used a trademark within the domain name.

Of course, but would they really go through the expensive procedure of paying lawyers, etc. for a game that would never come out?

 

[Peter]

Yes they would to protect their trademark.

 

[zbigis]

Like peter said , i think that does not indicate anything about more GTA games. They protecting their game name

 

[Pound]

Surely they would have gone after grandtheftautosucks.com then as well and all the other domains involving grandtheftauto? Of course I take your point, however, I think that to say this is simply them wanting the domain because it involves their trademark is somewhat ridiculous because by the same logic there would be hundreds of cases involving every name with the phrase "grandtheftauto". They used their trademark to get a name back that they want for possible future development plans :imho:

 

[Peter]

Surely they would have gone after grandtheftautosucks.com then as well and all the other domains involving grandtheftauto? Of course I take your point, however, I think that to say this is simply them wanting the domain because it involves their trademark is somewhat ridiculous because by the same logic there would be hundreds of cases involving every name with the phrase "grandtheftauto". They used their trademark to get a name back that they want for possible future development plans :imho:

Domain names such as grandtheftautosucks (as with other sites such as paypalsucks and ebaysucks) are legitimate and allowed names. The problem arises when you are bad mouthing without reason or profiting from someone else's trademark. That being said that particular name is not currently in use and is parked.

They can not go after every domain that contains the term grand theft auto for 2 reason. The 1st is the reason above the second reason is that grand theft auto was previously a term meaning the theft of a motor vehicle. The game actually took it's name from this term. Trademarks are generally used for specific industries. So say I start a business called "distinctive name" publishers I could claim (providing it is not already in use) that as my trademark but on the other hand you could use the same trademark with a business in a different industry (like a garage for example) and you would most likely be fine (of course this is not always the case especially when dealing with such large companies as Google or Microsoft).

The domain in question was profiting from using the Grand Theft Auto trademark. They had the domain name parked and did in fact display adverts for that game (as well as competing games). Also read the UDRP case you will see that the owner agreed to transfer the domain without putting up a defense. This is most likely as they knew they were infringing on the complainants trademark.

If you take a read of section D you will see circumstances in which you will be considered using a domain in bad faith.