Nintendo loses domain dispute for domain name

Company fails to provide enough evidence to panel to convince it to hand over domain name.

WiiUThe World Intellectual Property Organization just posted the text of a decision finding against Nintendo in its bid to get the domain name

Nintendo argued that the respondent “registered” the domain on September 15, 2012. The respondent countered that it had actually registered it in 2004, and that although the registrant name changed multiple times, it was always on behalf of the same registrant.

The respondent also claimed that it didn’t derive cost per click revenue from the parked domain, and any cost-per-click advertisements appearing on the landing page were placed there automatically by the Complainant’s (sic) registrar.

This is somewhat surprising. Before the dispute was filed, the nameserver pointed to, which is owned by the same person who claims to own It looks like shortly after the dispute was filed, the registrant moved the domain name to SmartName’s nameservers, which is now showing ads related to Nintendo Wii products. screenshots from before the dispute seem to me to show SmartName parked pages as well, and even a mini site dedicated to WiiU.

The registrant’s identity has been largely shielded by whois privacy services over the years.

The World Intellectual Property panel ruled that Nintendo didn’t prove its case, but noted a couple times that UDRP is an “expedited administrative proceeding without discovery”. It seems that perhaps the panelist didn’t buy the respondent’s story in its entirety, but Nintendo couldn’t put together a strong enough case without discovery to win.

Nintendo files complaint over

Company says owner is cybersquatting with domain name.

WiiuNintendo released WiiU, the successor to its popular Wii video game system Wii, in November. But it was missing a key online marketing ingredient: the domain name

Now it has filed a cybersquatting complaint with World Intellectual Property Forum in an effort to get the domain name.

The whois record for the domain shows a registration date of 2004, well before Nintendo came up with the name for its new system. It was likely registered because it was a four letter domain.

But whois records make it difficult to determine when the current owner acquired the domain name. The domain expired in January, but the privacy service and whois record is the same as before it expired, so the owner may have renewed it. The nameservers on the domain changed after it went into expired status, which is a sign that a new owner may have picked it up.

Regardless, I find it odd that Nintendo filed a complaint rather than just buying the domain. It’s available for a fixed price of $8,499 on BuyDomains, which is a small price to pay for a huge product name like this…especially when the UDRP isn’t a slam dunk.

Nintendo 1-Ups for Popular Web Site

Nintendo wants to lay claim to high traffic web site.

Nintendo marioDecades after bringing the iconic video game character Mario and the Super Mario series to millions of gamers, Nintendo has decided it wants the domain name

The company just filed a complaint with World Intellectual Property Forum to get the domain name.

Nintendo may be concerned about the content of the site, which is a collection of online Super Mario games. The site gets a whopping 200,000 visits a month according to Compete.

But the timing is curious given that the content of the site has remained unchanged for over a year.

Of course, Nintendo continues to release Mario games and plans to release Super Mario 3D Land on its new 3DS system later this year.

Even if the company wins the case for, it already has a typosquatter to contend with: (without the dot after www) is already registered and parked.