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it's just a way to promote their own site. i doubt you could sue them over name especially that one.
i could create modernwarfare.net site about you know modern warfare not as a game fan site but, as military fan site and activision couldn't sue me no matter how.
also modernwarfare4.com owners are basically screwed cause not only they have to pay for the server for atleast 4 years, but also there is high probability that activision will go Call of Duty way and there won't be MW3, MW4, MW5 etc but, MW:Subtitle.