Did you guys hear about Nissan Motors V/S Nissan Computers (Nissan.com/Nissan.net)

[Soofi]

Did you guys hear about Nissan Motors V/S Nissan Computers (Nissan.com/Nissan.net) going on since 1999 and as per the following link, I believe Nissan Motors are flexing their corporate muscle!!

This might have been discussed earlier here but I've never ever seen any thread of this one, so would love to know your thoughts on the same..

 

[SpareDomains]

This might have been discussed earlier here but I've never ever seen any thread of this one

http://www.namepros.com/legal-issues-and-disputes/46897-nissan-vs-nissan-once-again.html
http://www.namepros.com/domain-name-discussion/325933-nissan-com-still-hanging-in-there.html
http://www.namepros.com/domain-name-discussion/485528-nissan-com-battle-still-raging-14-a.html

 

[TestCase]

I remember reading about this in several different places a few years back. Not sure if anyone of it was here on NP.

I also remember reading something somewhere that seemed to indicate that the guy who originally owned the "Nissan" dn was not quite as lily white as to the trademark infringement issue as he claimed to be...

 

[Toni]

lol, any of you guys got one of those bumper stickers on his car?

Nissan bumper Stickers - Digest.com

Yeah this case is not over for sure...

 

[Soofi]

I remember reading about this in several different places a few years back. Not sure if anyone of it was here on NP.

I also remember reading something somewhere that seemed to indicate that the guy who originally owned the "Nissan" dn was not quite as lily white as to the trademark infringement issue as he claimed to be...

hmm.. but obviously this guy had it from the initial days of the launch of .com domain name registration and has every right to owning his last name in whichever tld they want. These big corporations cant come saying that they have the right to something which is not actually owned by them..

 

[copper]

Old story.
Here is one.
Here is older one.

 

[Soofi]

Old story.
Here is one.
Here is older one.

old for you, not for me! very much new for me :D

 

[jberryhill]

has every right to owning his last name

This is one of the most common pieces of wrong that I find on domain forums.

No, you don't get to sell chemicals even if your name IS DuPont.

If your name is Cartier, then you are going to have to use another name if you want to sell diamonds.

There is not an absolute right to use your last name in business.

Early on, Uzi Nissan was advertising foreign car services, and did a quick change to the so-called computer business when he attracted the attention of the car company. The result of the litigation is that he is enjoined from using the domain name in connection with cars.

Here's a challenge for you, go to his computer company website, and try to buy a computer.

The real losers in the affair are Uzi Nissan's lawyers. There was a ton of legal work done on that case - easily over $150K worth. Either they were expecting him to settle somewhere reasonable, which obviously didn't happen, or he's out a bundle.

 

[Soofi]

This is one of the most common pieces of wrong that I find on domain forums.

No, you don't get to sell chemicals even if your name IS DuPont.

If your name is Cartier, then you are going to have to use another name if you want to sell diamonds.

There is not an absolute right to use your last name in business.

Early on, Uzi Nissan was advertising foreign car services, and did a quick change to the so-called computer business when he attracted the attention of the car company. The result of the litigation is that he is enjoined from using the domain name in connection with cars.

Here's a challenge for you, go to his computer company website, and try to buy a computer.

The real losers in the affair are Uzi Nissan's lawyers. There was a ton of legal work done on that case - easily over $150K worth. Either they were expecting him to settle somewhere reasonable, which obviously didn't happen, or he's out a bundle.

:lol: did I say he has right to sell whatever? I CLEARLY SPECIFIED THAT HE HAS RIGHT TO OWN HIS LAST NAME!!

 

[jberryhill]

I understand what you said. A lot of people interpret it the wrong way.

One of my favorite UDRP cases involved a domain registrant named A.R. Mani.

 

[Soofi]

interpretations much Mr. Berryhill.. :D I'd like to know more about your favorite case, link me please!

 

[alistair80]

I understand what you said. A lot of people interpret it the wrong way.

One of my favorite UDRP cases involved a domain registrant named A.R. Mani.

Hah! This is cool!...Armani...You must have a lot of fun dealing with all these egoistical folks and their emotions!

 

[Soofi]

I understand what you said. A lot of people interpret it the wrong way.

One of my favorite UDRP cases involved a domain registrant named A.R. Mani.

armani.com directs to the armani site, you fought it!?

 

[jberryhill]

WIPO Domain Name Decision: D2001-0537

 

[Soofi]

WIPO Domain Name Decision: D2001-0537

7. Decision

In the light of the above findings, the Panel’s decision is as set out below.

So far as paragraph 4(a)(i) of the Policy is concerned, the Panel concludes that the domain name is identical to the Complainant’s "ARMANI" mark.

As far as paragraph 4(a)(ii) of the Policy is concerned, the Panel is satisfied that the Respondent has a right to and/or a legitimate interest in the domain name by virtue of the domain name corresponding to the Respondent’s first two initials and his surname.

So far as paragraph 4(a)(iii) of the Policy is concerned, the Complainant has failed to show that the domain name was registered in bad faith or that it was subsequently used in bad faith.

The Panel therefore declines to find that the domain name should be transferred or cancelled.

The Panel finds this Complaint to be an abuse of the administrative proceeding.

No further action is required to implement the Panel’s decision.

 

[jberryhill]

That was not one of my cases, btw. I just like the facts in that one.

 

[copper]

They could of got armani just for $1,935 and they decide to UDRP.
Perhaps they wanted to make example out of A.R. Mani.
But, I would say it's stupidity.
I wonder how much they ended up paying for it.

 

[Kate]

Interesting decision. They must have bought the name eventually.

 

[jberryhill]

Copper and sdsinc win the deductive reasoning prize here. Now, let's go a step further and guess why Uzi Nissan still has Nissan.com.

 

[exsedo]

He won't give up the domain / they won't pay his price, and he is selling them his traffic ?

 

[Soofi]

Uzi is smartttt, that's why :lol:

 

[lincolndsp]

yeah, uzi looks very smart.=)) there's something these bullies can't get in their life. very interesting story.
as for armani.com - I previously thought any domainer-hating corporate idiot would buy their .com for a ridiculous low $xxxx.

 

[jberryhill]

yeah, uzi looks very smart

Yes, racking up 10's of thousands in legal fees, so that you can keep a site that advertises (but oddly does not sell) $399 no-name desktop computers is sheer genius.

 

[Soofi]

Yes, racking up 10's of thousands in legal fees, so that you can keep a site that advertises (but oddly does not sell) $399 no-name desktop computers is sheer genius.

:lol: he still owns his last name and Nissan Motors have no right to it :P that's smart work!!

 

[jberryhill]

Yep. Brilliant. Pay me $150,000, I'll let you use your name, and you can be smart too!