NameSilo

He Nearly Lost Everything To Win

Labeled as legal in Domain Industry News started by TauseefKhan, Feb 23, 2018.

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  1. TauseefKhan

    TauseefKhan Established Member

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    Nissan the car company never really cared who Uzi Nissan was. Then it decided he had something it wanted very much—the website www.nissan.com, which he created for his small retail computer business in 1994—and it sued him for $10 million. When the two Nissans went to war, Uzi Nissan prevailed in the end but lost almost everything along the way. more here
     
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  2. lock

    lock Traffic.tools VIP

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  3. MSN-Domains

    MSN-Domains Established Member

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    He didn't win. Massive negative loss

    “I would have let it go first day if I knew what I would have to go through, and what it would do to me and my family,” Uzi told Jalopnik. “I was driven 99.9 percent out of business.”

    He lost time, His health deteriorated, stress increased 1000 fold, The business he built is dead in the water and all he has now is a domain and people patting him on the back saying wow you beat a big conglomerate.

    16 years of life down the pan

    To classify that as victory is nothing short of absurd.
     
    Last edited: Feb 23, 2018
  4. lock

    lock Traffic.tools VIP

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    Massive loss can be earned back and if he had lost the domain all is lost. He always has adwords and a domain that is still sell able. Now he is legal undisputed owner with a right to sell.
     
    Last edited: Feb 23, 2018
  5. lock

    lock Traffic.tools VIP

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    The precedent will be the "Nissan case" which is good news for people that legitimately are fighting rights to domains. I strongly feel this is good news. I would have folded for the record but good to see someone standing ground.
     
  6. RobM

    RobM Established Member ★★★★★★★★★★

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    Of course he can never monetize any traffic. He can also never sell the domain because a potential buyer can't monetize it either. So what has he won? I don't think people visiting the page are going to be interested in anything except the one thing he can't provide unless he wants to lose the domain and damages for passing off.
     
  7. wwwweb

    wwwweb Top Member VIP

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    Well Nissan ruined any goodwill when they sold Z.com for millions, profiting from the domain. Given this is this guys last name, he should have the right to sell for millions also.

    I have actually talked to this guy, he is a very nice, and humble guy.
     
  8. johname

    johname Planet Futbol VIP ★★★★★★★★★★

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    Lucky people cant reg one word meaningful dot com domains for their mom and pop business anymore so we wont being hearing about these stories in the future lol
     
  9. toughdomains

    toughdomains Upgraded Member Gold Account VIP

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    horrible to hear stories like this esp the fact that the guy was a legit company.
     
  10. xynames

    xynames XYNames.com PRO VIP

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    Pyrrhic victory.
     
  11. rentmynames

    rentmynames TheFinestDomains.com Gold Account

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    I wonder who paid all the fees (court, attorneys ...etc)? I read about “American rules) , and so I assume each side (losing or winning) paid for their own fees.
     
    Last edited: Feb 23, 2018
  12. wwwweb

    wwwweb Top Member VIP

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    Nissan should have just offered him like $5M, and be done with it.
     
  13. Kate

    Kate Domainosaurus Rex VIP ★★★★★★★★★★

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    Reminds me of the sex.com saga, that was stolen from the original owner and he fought for years to recover the domain. At least he eventually got the domain back and sold it for a good amount. But it was the kind of ordeal that can ruin your life.
    A whole book was written about the story of sex.com.
     
  14. Platinums

    Platinums New Member

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    please share the story
     
  15. DnEbook

    DnEbook DataGlasses.Com ★★★★★★★★★★

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  16. Recons.Com

    Recons.Com Active Member VIP

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    They were just baiting him to hear him name anything above reg fee and then the lawyer immediately left the room and came back with the fax of the lawsuit.

    Very dirty handling of the situation. Will never do any business with Nissan Motors.
     
  17. offthehandle

    offthehandle . Gold Account VIP

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    I think Uzi, shot himself in the foot at one point.

    I am not posting this to defend Nissan and their corporate arrogance on an individual, if you have read anything I post, I am certainly not pro-large corporate anything. But the guy imo, simply looks to have messed up, which probably prolonged his own pain in this legal mess.

    I was curious why the author did not mention which Nissan Motors because they have at least two with vested interest. Nissan in Japan or Nissan America. So went to look at the case. It was both as complainants.

    UDRP's in today's world cover 4 points, and this case seems to violate number 4:

    (iv) by using the domain, the registrant has intentionally attempted to attract users for commercial gain by creating a likelihood of confusion as to source or affiliation.

    The Jalopnik writer of the article apparently forgot to mention about the automobile advertising links. I am not sure why this were omitted because it's a decent article. They are material facts if you are going to write such an article.

    http://caselaw.findlaw.com/us-9th-circuit/1105216.html

    “Meanwhile, Nissan Computer registered “nissan.net” to offer services as an Internet Service Provider in 1996.   In August 1999, it altered the nissan.com website by adding a new logo with the name “nissan.com,” sold space for advertising, and registered with a website for banner advertising.   Nissan Computer received a payment for each time a user clicked through to an advertiser's website.   The first links (in August and September) were for goto.com, Barnes & Noble, CNet.com, and Netradio.com. Automobile-related ads appeared in late September.   Within several weeks Nissan Computer signed up cartrackers.com, priceline.com, tunes.com, askjeeves.com, directhit.com, safari.com, lycos.com, asimba.com, ameritech.com, and about.com;  by December, 1stopauto.com, hotlinks.com, shabang.com, fastweb.com, remarq.com, carprices.com and stoneage.com had been added.”

    Later on in this typical legal document, difficult to read states:

    "Nissan Computer's use of nissan.com to sell non-automobile-related goods does not infringe because Nissan is a last name, a month in the Hebrew and Arabic calendars, a name used by many companies, and “the goods offered by these two companies differ significantly.”  Id. at 944.   However, Nissan Computer traded on the goodwill of Nissan Motor by offering links to automobile-related websites.   Although Nissan Computer was not directly selling automobiles, it was offering information about automobiles and this capitalized on consumers' initial interest.   An internet user interested in purchasing, or gaining information about Nissan automobiles would be likely to enter nissan.com. When the item on that website was computers, the auto-seeking consumer “would realize in one hot second that she was in the wrong place and either guess again or resort to a search engine to locate” Nissan Motor's site.  Id. at 946.   A consumer might initially be incorrect about the website, but Nissan Computer would not capitalize on the misdirected consumer.   However, once nissan.com offered links to auto-related websites, then the auto-seeking consumer might logically be expected to follow those links to obtain information about automobiles. Nissan Computer financially benefitted because it received money for every click.   Although nissan.com itself did not provide the information about automobiles, it provided direct links to such information.   Due to the ease of clicking on a link, the required extra click does not rebut the conclusion that Nissan Computer traded on the goodwill of Nissan Motor's mark.

    The marks are legally identical;  the goods or services are related as to auto-related advertising, but not related as to anything else;  and the parties simultaneously use the internet in marketing.   The NISSAN mark is an incontestable mark, but it is also used in many channels of commerce, is a last name, and is a month.   The degree of care exercised by a purchaser is disputable.   Whereas a consumer purchasing an automobile will exercise great care, a consumer searching for information about automobiles on the internet may exercise little care and will click on all information about automobiles.   The intent of Nissan Computer in selecting the mark weighs to some extent in favor of Nissan Computer because Uzi Nissan chose a domain name to correspond with his own name, but its intent in posting automobile-related links cuts the other way.There is evidence of actual confusion in that consumers have clicked on nissan.com to find out information about Nissan Motor.   The likelihood of expansion in product lines can again cut both ways.   Nissan Computer is unlikely to enter the automobile sales business, however, it is likely to advertise more auto-related products.

    On balance we agree with the district court that Nissan Motor is entitled to summary judgment on trademark infringement as to automobile-related advertisements, and that Nissan Computer is entitled to summary judgment as to non-auto-related advertisements."
    ————-+
     
    Last edited: Feb 24, 2018
  18. wwwweb

    wwwweb Top Member VIP

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    Classic David & Goliath story, been going on since the beginning of time. Nissan could have saved this much in marketing budget, and costing users to click on sponsored listings by just buying the domain.

    In the end both parties are losers, obviously the little guy took the brunt of it, Management butchered a deal, all they had to go was give this guy a free car, and maybe 5 millions over 10 years, and it would have been done.
     
  19. offthehandle

    offthehandle . Gold Account VIP

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    But I would imagine the team of on staff Nissan Lawyers needed to be occupied, after all no conflicts, no work. I could just imagine looking at all the boxes of useless double spaced paperwork filed back and forth.
     
  20. wwwweb

    wwwweb Top Member VIP

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    Yes, it’s amazing all that money wasted and nothing to show for it.
     
  21. Recons.Com

    Recons.Com Active Member VIP

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    When I became a Tax Manager for a large company, they had ongoing dispute with tax authorities lasting years. They were using one of the Big Firms and we kept exchanging official letters with the authorities. I cut them off, negotiated directly with the authorities and audit was completed in 2 weeks with a very small settlement paid (less than we were paying the firm). The next audit the following year lasted only a week and we already had a great working relationship.

    I saw clear conflict of interest and acted: my company wanted the distraction to end fast, cheap and without creating bad precedent. The firm clearly had no incentive to end a well paid by hour job.
     
  22. tonyk2000

    tonyk2000 Active Member VIP ★★★★★★★★★★

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    Real winners are Nissan Lawyers. They were paid for each minute of their time, regardless of an outcome. Even though in this particular case the company management was likely aware of the case and somehow approved what their lawyers did, in many cases the tm holders do outsource everything to such an extend that the company itself does not know what their lawyers are sending to each particular "similar domain name" owner (C&D, Udrp, etc...). Unfortunately... And this lawyers business is such a big that even smaller law firms are now opening their own registrars to make the "corporate domain management" things easier, so Markmonitor and CSC Corporate Domains are not alone in this lawyer-bots field
     
  23. offthehandle

    offthehandle . Gold Account VIP

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  24. wwwweb

    wwwweb Top Member VIP

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    Reminds me of Novartis lawyer out of Washington, he will udrp a lame extension domains with a $99 bin if need be.
     
  25. lock

    lock Traffic.tools VIP

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    This domain was stolen about 3 times. GFY has history on it.
     

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