Nintendo Loses WiiU.com Domain Case

July 1, 2013 -

The World Intellectual Property Organization has ruled in favor of the current domain holder of WiiU.com in a case filed by Nintendo, according to Fusible. The website was first registered in 2004.

Nintendo filed the case in February of this year with the WIPO seeking to gain control of the domain that is associated with its newest console, the Wii U. Because the domain was secured seven years before Nintendo announced the console, the governing body sided with the original owner. While we do not know what Nintendo can do further at the WIPO to secure the domain, if it still wants it badly enough it will likely have to approach the owner with an offer to buy it.

Microsoft had a similar issue with the XboxOne.com and XboxOne.net domains, following the announcement of its new console. In May it filed a complaint to the National Arbitration Forum to claim ownership of the domains. Those domains are owned by a London resident and were secured in December 2011.

Source: GameSpot

 

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Re: Nintendo Loses WiiU.com Domain Case

I am not surprised that they lost. Domain Squatting is a common practice, but you only really have a viable argument when the domain was snatched up after a point where you can claim ownership of the name. 7 years before announcing your console doesn't cut it.

Re: Nintendo Loses WiiU.com Domain Case

While entirely true, the fact is the guy can't really do anything but sell the domain to Nintendo, now that Nintendo has a trademark on Wii U.  However, according to a report I read (admitedly unsourced, so take this as you may) the owner of the domain tried to sell it before the suit but demanded some ungodly amount of money from Nintendo for it.

Now that it's trademarked, nobody else is going to buy it, and the guy can't use it.  If the guy isn't willing to budge on the price with the only entity willing to buy it, could he not still be cybersquatting?

--- With the first link, the chain is forged.

Re: Nintendo Loses WiiU.com Domain Case

He can certainly use it. There is no reason why he wouldn't be allowed to. He will have to distance himself from the brand in an obvious fashion though. 

Re: Nintendo Loses WiiU.com Domain Case

Let me rephrase - there's no way he can use it in any way that makes sense.  It's obvious he has no plans to use it, since he hasn't done anything with it, despite having it for almost a decade.

--- With the first link, the chain is forged.

Re: Nintendo Loses WiiU.com Domain Case

It could very well become a Wii U fan site, if that was his choice. He would just have to label it the "Unofficial" Wii U Fan Site. 

Re: Nintendo Loses WiiU.com Domain Case

Considering what Nintendo did, would he really want to make it a fan site?

Re: Nintendo Loses WiiU.com Domain Case

Indeed. I believe Nissan Motors vs Nissan Computer due to the latter's ownership of Nissan.com and Nissan.net to be an excellent example.

----
Papa Midnight

Re: Nintendo Loses WiiU.com Domain Case

Like with a lot of adult content? 

 
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