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?

 
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Mattsworknameof players, over and over for the last seveal years. Among non RPG games, which make up the vast majority of current games, I think that you still see a large scale disparity between male and female in the AAA industry.07/01/2015 - 1:36am
Mattsworknamewilson. Out of RPG players yes, thats true, and in pc ciricles im not suprised, but RPGS make a small fraction of Console games these days and while pc gaming is seeing a resurgance, MMOs are actually retracting in size , as shown by WOW losing millions07/01/2015 - 1:33am
Matthew Wilsonhere is the study to prove it. http://www.pcgamer.com/researchers-find-that-female-pc-gamers-outnumber-males/07/01/2015 - 1:17am
Matthew Wilson@matt wrong over half of rpg players, both singleplayer and mmos, are female.07/01/2015 - 1:15am
MechaCrashRight, women don't usually play AAA games because none are aimed at them because they don't play them because none are aimed at them because okay you see where I'm going with this.07/01/2015 - 1:11am
MattsworknameI think the better path is this, more games built to give you the Choice of playing as male or female, and give the females good voice actors07/01/2015 - 1:08am
Mattsworknameup more then a fraction of the AAA games industry, but they make up a much larger part of the moble market.07/01/2015 - 1:04am
Mattsworknameandrew is right, to a point, as you are seeing a slow increase of women in games, but the sales shows that the lions share of gaming money comes from a male demo, and while andrew is right that it is changing, it's gonna be a LONG time before women make07/01/2015 - 1:04am
Andrew EisenI think more professional gamblers should get into games publishing. They'll play the odds but they'll also take risks to maximize profits.06/30/2015 - 11:57pm
Andrew EisenAt the end of the day, the ball is rolling and it's rolling in the right direction. Maybe not as fast as we'd like, but it is moving. All we can do is play the games that interest us and make our thoughts known.06/30/2015 - 11:55pm
Matthew Wilsonits unfortunate that the dataset is so tiny for female leads, and is a mixed bag, so money people get the wrong idea.06/30/2015 - 11:54pm
Andrew Eisen"Duke Nukem Forever sold poorly. See? Games staring white guys don't sell!" Pretty silly thing to say.06/30/2015 - 11:50pm
Andrew EisenOr, at the very least, that gamers aren't turned off by female leads.06/30/2015 - 11:49pm
Matthew Wilsonyou would think games like metriod, portal and tomb raider would show that it work, but hopefuly those knew ones will.06/30/2015 - 11:47pm
Andrew EisenBut, luckily strides are being made and the money peoples are slowly learning that diversity -> larger targeted audience -> more potential dollars.06/30/2015 - 11:43pm
Andrew EisenSure does. That's why there should be more than just one or two attempts. (7 games at E3 with female leads and 35 with a gender option. I think it's safe to say that not all of these will fail!)06/30/2015 - 11:42pm
Matthew Wilsonthat puts alot of presure on the early stuff to do well. lets hope games like recode and harizon are good, and sell well.06/30/2015 - 11:38pm
Andrew EisenLuckily, money people also like to follow trends. So, it's a "simple" matter of making proper representation a trend. And wouldn't you know it, we're seeing the beginnings of exactly that!06/30/2015 - 11:34pm
Andrew EisenBut yeah, money people are risk averse. That's why we see so many sequels, reboots, and adaptations. To a lot of money people, "there's no evidence this works because it's rarely ever been tried" is the same as "this doesn't work."06/30/2015 - 11:33pm
Andrew EisenThat's why I think it's worth convincing the money peoples that proper representation (in any of its forms) isn't a financial risk, it's the path to expanding your audience and making even MORE money!06/30/2015 - 11:32pm
 

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