Nissan vs Nissan Once again

Prior discussion thread (to keep track):
http://www.namepros.com/showthread.php?t=17029

[/Moved to the "Legal Issues & Disputes" due to content, as well].
Please continue the thoughts and discussion! :talk:
Thanks.
-Jeff :wave:

ahh, thanks Wave, didnt ocure to me to place it here

LeeRyder said:

ahh, thanks Wave, didnt ocure to me to place it here

Click to expand...

Only the best, Lee! :music:
See you soon.
:wave:

It sucks for him, but until then he could add a link and buy a new domain like nissancomputers.com (its taken, but may be his) or nissancomputers.net

It says it must be a non-commerical site, but it doesn't say that you can't link to commerical sites.

He should but up a thing saying that he will never let Nissan Motors have it.

lol.

Well, I've been in email contact with Uzi a few times today about this. Apparently he and his attornies are feeling very confident about an upcoming court ruling. Apparently something has or is changing in this battle.

as always, Uzi is in my prayers However, this will do little to relieve my "wrath" on nissan motors in the form of ensuring as many people know how this company tried to screw one of the little guys.. a fellow American at that. I personally will not buy ANY Nissan motors product for at least a decade after this fiasco finally gets resolved and have ..as many others... let Nissan motors know my disdain for this practice of theirs.

it is kinda funny though knowing Nissan is the only major automotive manufacturer that doesnt own their own name

I am siding with Nissan here, perhaps because they are one of my favorite car companies...

Nissan should just cough up some cash and get their name back

their name back? Uzi Nissan has been in Business much longer than Nissan Motors.

Nissan changed from Datsun, Usi Nissan has always been, Uzi Nissan

what do you think of when you hear Nissan?

Uzi or the car company...

I'm sure if Nissan offered a large sum of money that the domain is worth and good incentives, that Mr.Nissan would accept the offer (maybe offer him a new car )

actually both.. this whole mess...

well that and a buddy of mine who whiped out the mid 80's version of the 300Z when it tried to kiss a tree at 40mph.

It doesnt matter what I think of though bro (imo) what matters is who bought it first. Uzi never bought it with the intention to squat on it for resale... he bought it for his computer business, legit.. named Nissan Computers well before Nissan Cars came about (if memory serves) via a name change. If Nissan Cars was too slow to see the internet boom coming, then by no means should it be Uzi's loss (again, imo).

The entire way though that Nissan Motors has handled this situation is entirely innapropriatte. thinking that their legal muscle backed by corporate dollars could squeeze Uzi into bankruptcy just to keep his name.. well.. lets just say I delight in the fact that nissan has spent litterally MILLIONS upon MILLIONS forcing this case makes me happy to no end.

Im not normally one for the small guy, but when right is right.. well so be it. Uzi was first and has a legit claim to that name, no if's and's or but's about it.

GT Web, just because you have name recgonition for a product doesnt make it your companys property. EX: Windows doesnt claim control of the word Windows for Glass products and nissan is not only trying to do that, but also to pull a 3-way screw-a-roo.

1. They dont make computers.
2. He had domain before they were called nissan.
3. His name has the word nissan in it.

Just so you all know, Datsun changed its name to Nissan in 1981, well before domain names were even around. Please do your research before you start arguing automotive facts with me.

Yes, Nissan was slow to get the domain, but they should just send Uzi a fat check and be done with it.

came about (if memory serves) via a name

Click to expand...

before you start arguing automotive facts with me

Click to expand...

hence why i said "If memory serves". Listen, you dont need to be an smacktard, we're just having a friggin discussion. If you cannot do that, then kindly do not post in my threads. No one is arguing, no one is being rude but you... but again, if you feel the need to be rude, then just put me on ignore and pretend i dont exist. I would much rather that then to have to hear your attitude.

Calm down. No need to get into any fights here.

EX: Windows doesnt claim control of the word Windows for Glass products and nissan is not only trying to do that, but also to pull a 3-way screw-a-roo.

Click to expand...

That doesn't have anything to do with this, Nissan is a Japanese abbreviation for Japan Industry, how does that have anything in common with what you posted above? Nissan has nothing to do with computers other than Uzi's name.

wow, Lee settle down, you have no right to start screaming just because you now realize you messed up...

My post wasn't even addressed to you, I was talking to Darkfire...

Honestly, after reading your posts about your family members, your opinions on Canada and the one above, I believe you have some serious problems

just so you all know, that first post that Lee got mad about was not intended to be insulting or cause any anger, I was simply pointing out that people should do their research before they state their opinion

OK, lets look at this problem intelligently.

The domain name nissan.com was registered on May 4, 1994 by Mr. Nissan (http://www.whois.sc/nissan.com).

Nissan Motors registered the trademark Nissan in the US first in December 15, 1959 and registered in Japan in April 4, 1955 (http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=72053632). This mark has been registered at the USPTO at least 50 additional times for various lines of products and services.

Unless Mr. Nissan is older than 50 Nissan Motors registered the trademark prior to Mr. Nissan’s birth, and most certainly before he started his computer business which we can all agree cannot predate 1955.

Now the question becomes can someone start a business incorporating his last name when that name has been a registered trademark of a company for many years? Can a Joe Ford start a computer business named Ford Computers and register a domain name FORD.COM?

wlspro said:

Can a Joe Ford start a computer business named Ford Computers and register a domain name FORD.COM?

Click to expand...

In my understanding of trademark laws, the answer would be 'yes', since 'Ford Computers' won't be operating within the same industry as Ford Corp (automotive). There would be absolutely no confusion. In fact:

http://www.fordcomputerservices.com/ (since 2001)
http://www.fordcomputerservice.com/ (since 2002)

are active websites. :D

right, so why can't Uzi get NissanComputers.com and leave Nissan.com for the automotive company

They would both have the right to use 'nissan' within their industries. Why can't nissan continue using NissanMotors.com?

In trademark law there is a concept of “dilution” which extends beyond the classification of products and services the registration has been approved for. For “famous” marks the protection extends to cover products and services which are clearly not specified simply because such use, even if not creating a confusion with respect to the source, would “dilute” the fame of the mark.

This concept was originally intended to cover only very famous marks, such as Nike, Coke, Pepsi, McDonalds, etc. Unfortunately the requirement for the level of fame has been reduced over time to cover many marks with far less fame and in the world of domain names to basically cover any registered trademark.

So even though Nike is registered for footwear you cannot open a “Nike Hamburger Store”. Similarly anti-dilution laws prohibit you from selling Coke Toothpaste, Pepsi Cereals, or McDonald Motorcycles.

In this case Nissan is clearly a famous mark and Nissan Motors would have grounds for opposing any use of the mark in commerce even in unrelated fields. It has already successfully opposed trademark registration for “www.nissan.com” as well as many others before the USPTO in fields unrelated to automobiles.

We should note that Mr. Nissan’s registration is not in violation of the UDRP but rather anti-dilution trademark laws. These have very different standards. As the court has indicated he can use the domain name for non-commercial purposes only, any commercial use would dilute Nissan's trademark rights.

In the recent case of porschebuy.com and porsche-buy.com the registrant won a decision before WIPO. Should Porsche decide to proceed legally it will most certainly win this case based on anti-dilution laws.

See http://www.anti-diversion.com/anti-dilution.html for more about anti-dilution laws.

Yes, Nissan was slow to get the domain, but they should just send Uzi a fat check and be done with it.

Click to expand...

I am certain that the car company has offered to do just that, and that the check was not fat enough for Mr. Nissan. That is the only possible explanation for this case having dragged on as long as it has.