EA denied SSX.com

Video Game Law Blog

February 10, 2012

Qj.net has reported that Electronic Arts. Inc. lost its legal battle before the National Arbitration Forum against Abstract Holdings International Ltd. for the rights to the SSX.com domain name. In fact, as appears from the National Arbitration Forum’s decision, the SSX.com domain name was allegedly first registered in connection with the acquisition of a number of “generic three-letter acronyms” and was acquired by a company called Abstract Holdings International Ltd., along with many others, in October of 2011.

EA submitted to the Forum that it holds SSX as a registered Trademark, that the mark has been in use since 2000 in connection with its computer game of the same name, and that the domain name in question is obviously identical to the registered mark. EA further argued, inter alia, that Abstract Holdings International Ltd. had no rights or legitimate interests in the domain name, that it was trading off the good will generated by EA’s mark, and that the registration and use of the domain name was in “bad faith”. The relief sought by EA was that the domain name be transferred from Abstract Holdings International Ltd. to EA.

Further to its analysis of the parties’ submissions, the National Arbitration Forum found, inter alia, that the Respondent has rights or legitimate interests in the SSX.com domain name and that it did not register or use the disputed domain name in bad faith. The Forum therefore found that EA failed to establish each of the three elements required under the ICANN Policy to have the domain name transferred or cancelled and denied the relief sought.

Click here for the full National Arbitration Forum decision.