The publisher says that whoever owns the domain is using it in "bad faith."
Someone is using the "modernwarfare3.com" domain name to advertise Battlefield 3, and predictably enough, Call of Duty publisher, Activision, is less than pleased about the domain pointing people towards the game's biggest rival. The publisher has submitted a complaint with a view to getting the domain transferred to its control.
The publisher made its complaint under the "Uniform Domain Name Dispute Resolution" policy of the Internet Corporation for Assigned Names and Numbers, or ICANN. It said that the respondent had no legitimate interest in the domain and that it was "identical or confusingly similar" to Activision's existing trademarks. It said that the respondent, who had snapped up the domain anonymously via the company, Domains by Proxy, had registered and used it in bad faith.
Looking over the complaint - which you can read in full here - Activision puts forward a pretty good case, which presumably wasn't terribly difficult, given the circumstances. It's pretty remarkable that Activision let it get itself into this situation, but you can bet it's going to take steps so that it doesn't happen again.
Source: via Ars Technica