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Microsoft files to recover Xbox One domain

Microsoft seeks to reclaim XboxOne.com and XboxOne.net domains from a UK resident.

569 Comments

Microsoft has started the process to recover the XboxOne.com and XboxOne.net domains, according to a report by Fusible.

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The Redmond, Washington, software giant has filed a claim with the National Arbitration Forum, a body that functions similarly to a court, to settle the domain ownership dispute. The claim is being made against a London resident who has owned both the XboxOne.com and XboxOne.net domains since December 2011. Leases on the domains are not due to expire until late 2016.

Proceedings on the case, number 1501205, were commenced on May 23 this year and are currently listed as pending.

Microsoft may have elected to hold off on the motion for the websites prior to announcing its upcoming console’s final name in order to avoid tipping the public off ahead of the device’s unveiling last week.

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francoissda

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Simple:

No-one really likes XboxOne title anyway so they should have or get a better title.

They should have got someone to buy the names they wanted beforehand, a friend, relative of the company and not wait until past the last minute. Why reveal something to the public if you don't have a way of getting the name already lined up?

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fleshpeddler

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@francoissda Because they do have a way. When a company owns a trademark ("Xbox" in this case) European law entitles them to domain names that contain their trademark unless the owner has a valid reason for having it that has nothing to do with their trademark.

And here, the dude didn't even make a website, so he's clearly a squatter which is definitely against the law in his country.

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EL_Bomberdor

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*Microsoft files to recover Xbox One demise.

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Ultradream

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http://imgur.com/FCeIaHe

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FULGOREY2K

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Edited By FULGOREY2K

i would like to see this owner sell the domains to other competing company. it would be freaking sweet.

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alrepairs

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Edited By alrepairs

Gamespot: Promoters and suck lords of Microsoft.


Notice in Microsoft's articles they go as far as to "simply quote" sayings, leaving the discussion up to the userbase, at times to create a "contrary" statement to conclude a flipside as to why their ideas may be good.


On GS, with Sony and Nintendo: Create Thematic assumptions and outright "HARSH" quotes from analysts / editors. Gamespot fails to quote from a few editors who've called the Xbone a joke and that their conference was a disgrace. GS even goes as far as to BAN youtube videos to prevent that hilarious 1.5 minute highlight of the Xbone conference covering TV, SPORTS, and COD.


Leave it up to Wii U or PS4, and GS is quick to bandwagon. Again, GS. Bias.

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enoslives7

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@alrepairs "suck lords'' LMAO

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blackzio

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@alrepairs

i really have to disagree with u there, they are trying to be impartial imo, actually i think they are kind of anti-microsoft if you read the headlines. They didn't update the headlines saying there was some source that said no more fees on used games, they did the vote thingy with twitter which was obvious that ps4 was going to win..

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johnners2981

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Could he not just say his first ox teddy was called xb, so he bought a domain XbOxOne.com in it's memory

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FULGOREY2K

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now MS is going to bully an resident for their domain........the **** MS.

i would understand if that just happened, but come on, it has 2 years with them, the ****.

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Aleperez75

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The domains are not even being used. Are you a slow learner? Microsoft has all the rights of asking for those, specially because the dude is not even using them.

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FULGOREY2K

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Edited By FULGOREY2K

@Aleperez75 as owner, and if paid, you can do whatever you want, including not using them. it you own them, its your own property.

for a fast learner , a simple concept is far from your intellect

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fleshpeddler

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Edited By fleshpeddler

@davidsor @fleshpeddler @FULGOREY2K Why do you think that the "XBox" trademark doesn't matter in this case. It's still present in "XBoxOne". The only way it wouldn't apply is if the owner had some valid reason for using the term "Xbox" that had nothing to do with the trademarked "Xbox".

Sheesh, go read UDRP. Taking a trademark and adding a word to it doesn't protect you.

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davidsor

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Edited By davidsor

@fleshpeddler @FULGOREY2K but the trademark xbox doesn't matter in this case, it would have to be if they registered xbox one trademark.

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fleshpeddler

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Edited By fleshpeddler

@FULGOREY2K Aww...look at the cute kiddie who was making fun of someone for being stupid now covering for his own feeble intellect by trying to make it look like it's bad to be smart.

Hypocrite :D

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FULGOREY2K

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Edited By FULGOREY2K

@fleshpeddler @FULGOREY2K good thing the world has you for that :D

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fleshpeddler

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@FULGOREY2K Actually, if you were bright enough to realize you have no idea what you're talking about, you'd know that European law actually would conclude that MS is entitled to the domains since the owner is squatting on a domain with a trademark they own (XBox).

For someone who is asinine enough to mock other people's learning speed, you sure seem to be to careless to fact check.

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fleshpeddler

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Edited By fleshpeddler

@FULGOREY2K So it's bullying to make a legal request asking a guy using domains containing a trademark MS owns to give them back to them--but not for a guy to use someone else's trademark to extort them?

Regardless of how you feel, European law is on MS's side since squatting is not allowed under their laws.

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FULGOREY2K

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Edited By FULGOREY2K

@fleshpeddler @FULGOREY2K yeah, but that trademark was made later than the owner in buying the domains, any court would agree that even if it contains Xbox on the nameline, if accompanied by any other wording or reference that differentiates from the name, or content of such, its not the same as copying/duplicate the source.

hence, its just MS trying to take back something they didn't trademark at the time and just want to force the owner to give them up

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N0tYrBeezin

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@KamariaK @fleshpeddler @FULGOREY2K Sure except that that domain is completely empty, with not even a webpage.


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fleshpeddler

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@KamariaK @fleshpeddler @FULGOREY2K What's your point? He wasn't using it.

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Scorpion1813

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Edited By Scorpion1813

@KamariaK

Got check out the site.

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KamariaK

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@fleshpeddler @FULGOREY2K But it's not cyber squatting if the site is actually being used.

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fleshpeddler

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@FULGOREY2K >..and you're wrong again. European law is specific that variants of trademarked names on primary domains (.com, .net, .org, etc) can not be used for the purpose of cyber squatting.

Why are you pretending like you've actually read the law?

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blackzio

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Please, owner of those domains, contact sony and nintendo to see their offer =D

Also i'd love to see www.xboxone.com become a tv streaming website.

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Judge_Jason

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xboxone.ass

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katts123

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I want the domain XBOX1ANDDONE.COM

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AndreasMarconi

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Edited By AndreasMarconi

Wowzers there's a lot of kiddies with no idea about the legal situation here. Imagine if you will, that you have a unique name. Of the 6.7 billion people in the world, no-one else has yours. You grow up and decide that you want to be a freelance something, so decide to go register a website in your name for it. Unfortunately, someone already has that site. They aren't using it, they have no reason to have it, and yet there they are just casually sitting on it waiting for you to do something about it. Do you think it's fair that they own the domain (by the way, they've bought the rights to the domain years ago for $5, and have parked it for free ever since)? Or do you think that given it is your name and your name alone, you should be able to use it and shouldn't have to pay some git extortionate amounts to take it off him because he knows you want it? Cybersquatting is ridiculous, and while it may not be illegal in the sense that you can't go to jail for doing it, it is against the spirit of the ICANN rules, and so MS are completely within their rights to reclaim the names. Oh, and just so you know, if the above situation were to occur, where someone owned your unique name's domain rights, ICANN would give it to you too. They don't just help out big corporations, they help out ANYONE with a legitimate claim to a domain that's being held by someone who has no intention to use it.

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cf_Kage

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Edited By cf_Kage

@AndreasMarconi He registered the name in 2011. I'm sure he didn't know it would be Microsoft's next offerings name.
They should still pay to have the domain. It shouldn't be possible to just give it to Microsoft willy nilly because they've decided to call the console by that name

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fleshpeddler

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@cf_Kage @AndreasMarconi But it has the trademarked term "XBox" in it, so Microsoft has every right to reclaim the domain under British law since the owner hasn't even bothered to use the domain.

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AmnesiaHaze

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Edited By AmnesiaHaze

@AndreasMarconi now the big companies need to figure out how to take patents from people that had the idea just can't afford to produce it , instead of paying the patent holder they can get it for free then , a few envelopes at the right places and it should be legalized :D

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AndreasMarconi

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@AmnesiaHaze @AndreasMarconi That's ridiculous. Developing a technology to the point that it is patentable takes a lot of time and money. Whether or not you decide it is commercially viable throughout it's development process is neither here nor there. You still need to prove to the patent office that you can actually do what you're saying you want to patent. Registering a domain name takes minutes, anyone can do it, and you don't need to prove squat.

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cheamo

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They would have been smart IMO to pick these up earlier when they were nothing. Xbox One could have been anything related to xbox, I doubt anyone would have even guessed it was their console name. Now hopefully whoever owns the domains now will get a fair chunk of change from them.

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xxYetterxx

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Edited By xxYetterxx

@cheamo True, but they may have been keeping a tight lockdown on the consoles new name.

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fleshpeddler

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@xxYetterxx @cheamo They didn't need to be smarter. They already knew they were entitled to any site containing "XBox" in the domain that was being used by a squatter. The law doesn't favor squatters in Europe.

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helldragonzer

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What Microsoft doesn't realize is that the fact alone you are promoting the Xbox One is punishment enough.

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Naylord

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they should be more concerned with the content of Xbone.com. I'm pretty sure that's pornography

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MajinSquall

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hey that guy paid for them 2 years ago so they are his MS should pay him to use them if they want them

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Aleperez75

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Do you really think microsoft will spend all the money in layers to get the name before aproaching the guy to buy it from them. The problem is that the dude wants ridiculous amounts money for them for sure which is extorsion.

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Icepick_Trotter

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So someone snatched the domain name. Lots of people do this on purpose to scam some cash out of big companies.

It's obvious no one just came up with the name "darkknightrisesmovie.com" out of nowhere.

It's a sleazy tactic but a legal one. So they get paid and that's it. It's the way it's always been. No one whines about it.

And yet xboxone.com? That's the one you decide to start throwing lawyers at?

The one name it's perfectly possible some (unfortunate) dude came up with, because, you know, that's what we've been calling your original Xbox all the time... That's where you draw the line?

I hope the guy gets a juicy settlement out of this.

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Zloth2

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@Icepick_Trotter No, that's the way things WERE done back when the WWW was just getting popular and you could screw big companies out of millions. Now there's an arbitration board to kick the more pathetic squatters off their names.

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crolin

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@Zloth2 @Icepick_Trotter ya but this guys not a squatter and had no prier knowledge of the new xbox seeing how he has owned the domains since 2011

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fleshpeddler

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Edited By fleshpeddler

@Dieknochenblume @benelori @crolin @Zloth2 @Icepick_Trotter The law is simple here. He bought domains containing the trademarked term "XBox". He isn't using them. Law says unless he has some good reason to have them that doesn't involve extorting Microsoft, he has to GIVE them back to MS.

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Dieknochenblume

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@benelori @crolin @Zloth2 @Icepick_Trotter xboxone could mean anyting, in any language, in any place, for any individual, specially in 2011. The fact that he isn't using them doesn't mean he should have his rights stripped. Have you used everything you own recently?

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benelori

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@crolin @Zloth2 @Icepick_Trotter

He is, because he is using the term xbox in the domain name, and he hasn't been using those domains...

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Dudeman315

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@Zloth2 @Icepick_Trotter You mean to destroy that "free market" that these "squatters" are attempting to use to gain profit by the basic tenets of capitalism.

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Yulaw2000

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Edited By Yulaw2000

This is shameful of Microsoft. That could easily pay him and it's not like he predicted what they were going to call it and has stolen their name.

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Zloth2

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@Yulaw2000 Seems exactly like that, actually, unless this guy is running the XBO Xone.

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Yulaw2000

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@Zloth2 @Yulaw2000 "The claim is being made against a London resident who has owned both the XboxOne.com and XboxOne.net domains since December 2011"

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Yulaw2000

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Edited By Yulaw2000

@fleshpeddler@Yulaw2000@Zloth2

"Legally, they are considered to have registered for the domain "in bad faith""

Whether that's the Legal standpoint or not doesn't mean that Microsoft are in the right.

They could pay him as he obviously couldn’t have known they would ever want the name XBOXONE back in 2011, therefore the purchase was not in bad faith.

It was probably intended as a fan site for the original XBOX.

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fleshpeddler

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@Yulaw2000 @Zloth2 And in London, squatters who sit on domains with trademarked names (XBox in this case) must relinquish them to the owners of the trademarks if they have no valid claim.

Legally, they are considered to have registered for the domain "in bad faith".

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