Nissan vs Nissan Once again

[LeeRyder]

Becuase this issue affects us all personally, I think it's only right to once again post this issue (at least once a year for all the new people)

Mr. Uzi Nissan began a computer business in the early 80's while Nissan Motors USA was still only known as Datsun. Mr Nissan, owning a computer business, developed a website in the early 90's using the name www.Nissan.com. In the ensuing years, Nissan motors sued for the domain name and to this day, the domain is forbidden by court rulings to remain a non-business website, although it remains in Mr Nissans control.

for more information on this absurd case and to help mr Nissan with links, contacting the media and Nissan motors, please visit either www.Nissan.com or www.Digest.com

 

[armstrong]

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

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

 

[GT Web]

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

 

[armstrong]

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

 

[wlspro]

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.

 

[jberryhill]

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

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.

 

[wlspro]

Mr. Nissan asked for $15,000,000 for the domain name - is that fat enough for you

According to court paper filed by Mr. Nissan's counsel "testimony of Uzi Nissan ... pointed out that he refused to sell and finally named a price of $15 million, but said it in such a way that he would understand that I was not interested in selling to them at any price, even for that amount of money."

See http://www.digest.com/January_2004.php for details.

 

[GT Web]

he is a greedy idiot, I mean honestly, its not like he is doing anything with the domain now because of the rulings...

he thinks that standing up to Nissan and losing a few hundred grand is a smart call...lol

 

[P10n33R]

It is his domain, he can do what ever he wants with it and he can ask whatever he wants for it. If Nissan Motors wants it that bad they will buy it.

 

[Rikkers]

Overture shows

30488 nissan.com

Are all these people looking for a new car or a new computer do you think?

 

[incript]

they are mad.

 

[The Equivocate]

If it's his name, and he runs a legitimate business with it, then I don't see why he should give it up. Although if it's true that Nissan had changed their name before Mr. Nissan got the domain, it's not going to be so clear-cut, which I guess is why the whole dispute is still going on.

 

[wlspro]

According to his own website (digest.com) this guy was born in Israel and came to this country in 1976. According the USPTO Nissan Motors registered the trademark "Nissan" in in the US in 1959 and in Japan in 1955.

So the chronology is clear. 18 years before Mr. Nissan put foot on this country and 22 years before he started a business here Nissan Motors had registered the trademark "Nissan". All this talk about Datsun is irrelevant.

US trademark laws are clear in this regard. Use of a famous trademark in commerce, even in unrelated fields, may be a violation of anti-dilution laws. Nissan is a famous mark and its use in even unrelated fields is prohibited.

This guy states on his own site that he was operating a business called "Nissan Foreign Car" in 1980 without any permission from Nissan. So the whole argument about now conducting business in a different field and not creating confusion is also a weak argument. He has acknowledged conduction business in the automotive field under the name “Nissan”.

One can argue about merits of current trademark laws but as it stands and as the courts have correctly applied them Mr. Nissan cannot use the domain name in connection with the offering of any products or services in commerce. Blame the laws and try to change them if you don't like them but don't blame Nissan for protecting its rights under US laws.

 

[lotsofissues]

Mr. Nissan edited his page one day in 1999:

http://web.archive.org/web/19991013140001/http://nissan.com/

He started advertising cartracker.com - Nissan moved in.

 

[Anthony]

Great, so he still has his domain name, but what's the point? He's just using it to post this:

In compliance with a ruling issued by the United States District Court
in Los Angeles on November 14, 2002, in the lawsuit of
Nissan Motor Co., Ltd. v. Nissan Computer Corporation,
this web site has been converted to non-commercial use.

 

[GT Web]

Right Anothny, instead of selling the name to Nissan Motor Corp for a large sum, he decided to sit on it and do nothing and spend thousands in legal fees. I dont feel sorry for this guy and I hope Nissan sues his ass off and gets the name...

 

[jberryhill]

If it's his name...

...then whether or not he can use his name in connection with a business is going to depend on what his name is, what his business is, who may or may not have prior rights in that name, and the fame of such a prior user.

In the United States, you *do not* have an absolute right to use even your own name in business as you see fit. I know that is going to bother some folks, but that is the way the law has been for a very long time.

If you are a chemist named DuPont, then, no, you can't start your own DuPont chemical company.... and insert my favorite story about Bully Hill Wine and the long-standing family feud in the Taylor wine family of New York here.

I have no particular feelings one way or the other for Mr. Nissan, but it is clear from the circumstances that this dispute would have been resolved long ago if the parties had simply come to an agreement on the size of the payday for Mr. Nissan. I do note that he solicits donations in order to pay the legal fees required to support this Mexican standoff, but I somehow doubt he will be paying dividends to those supporters when or if the parties eventually agree on a number.

But, yes, the guy sells a handful of models of screw-together computers locally in North Carolina. I can see how the entire world would become hopelessly lost if they couldn't find them at nissan.com.

Uzi.com is for sale. Perhaps he can switch to using his first name and sell machine guns.

The only opinion I do have is that my family had its first Datsun in 1972. It had "Nissan Motor Co., Ltd." all over the place.

Here is what Datsun service manuals, sold in the US, looked like:
http://www.datsun.org/roadster/literature/servicemanuals.html

The pictures are a little small, but anyone who thinks that the term "Nissan" was not being used in the United States long prior to 1980 is just factually wrong.

edit: Here's a clearer example:
http://www.datsun.org/roadster/literature/ownersmanual_1967.html

(hint: They didn't print the Japanese manuals in English)

 

[LeeRyder]

well, aside from the "people" that wish ill will on another person who has done nothing to them.. I think anyone who is named "nissan" or "Ford" or whatnot deserves the same amount of right to use his own name as he see's fit.

It's terrible when the govt decides in favor of a foreign corporation over a citizen or any corporation in something like this.

However that said, the Good will prosper as, again... Uzi told me he is about to regain use of the domain as he wishes... despite the ill will of uncooth opinions.

Glad to see Nissan Lost millions in this, score one for the little guy simply using his own name.

 

[GT Web]

Uzi has also lost tons of money in legal fees I am sure...

His stupidity is rather comical, I wish Nissan the best in getting a name back that is rightfully theirs.

 

[LeeRyder]

Well thankfully it appears the courts are siding with Uzi on this one and he is retaining the right to use his family name as he wishes.

God bless America

*points, laughs at Nissan*

 

[wlspro]

I am sure Mr. Nissan will get to use nissan.com commercially as soon as our Canadian friend AdsenseGuy (aka googlee bear) gets to use his domain name googleemail.com.

Based on Uzi's rosy predictions to LR it seems he has been talking to AG. His only viable option at this point is filing a complaint in a Canadian small claims court hoping for the same deputy judge AG got. He may even get a judgment for damages against Nissan.

By the way LR what makes you think "the courts are siding with Uzi"? Which court granted him the "right to use his family name as he wishes"? He was using it as he wished and the courts stopped him.

LR you write "It's terrible when the govt decides in favor of a foreign corporation over a citizen or any corporation in something like this."

Uzi started an automotive business named "Nissan Foreign Car" in the US without permission from Nissan - while he was still a non-US citizen. Even if he was a citizen are you advocating legitimate rights of foreign entities should be waived in favor of US citizens (even when their trademark has been registered at the US Patent and Trademark Office 18 years prior to this guy putting foot on this country)?

I doubt you would want foreign nations take the same stance and waive rights of US persons in their countries.