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]

No fighting in the classroom. If you must fight, take it outside Namepros.

 

[Mark]

Definitely a Strange case - without any background from above - I'd had to go with Uzi - But I can see where he was trying to use it "In bad Faith" now ...

It is a shame that the laws aren't more protective of our citizens though (Not Saying this case in particular) but I have seen some wipo decisions that just plain sucked / In favor of Large Corp's / Celebrities -

If it were me .... I would have settled out w/ Nissan Co. ... and Used the cash to build a different Company - But that's just me (Try not to stir up too much Dust as I Tread along)

 

[jberryhill]

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.

Mr. Nissan is on firmer ground than that.

However...

Uzi told me he is about to regain use of the domain as he wishes...

I sincerely doubt that either Mr. Nissan or the Nissan auto people know in advance how the ninth circuit is going to rule. And when courts, real courts, issue opinions, it is not as if there is some magic inner circle of people who know about it.

 

[America First]

If i was given this case from Nissan, i would bankrupt Mr. Nissan, with a long drawn out public fight against this type of "CYBERSQUATTING", no matter how you look at this, he is in the wrong. He will not retain the rights to use this domain, he knew at the time he got the domain that he was squatting, i would say to the naysayers that think he is in his rights because of his last name, you are wrong, as stated by others already. I won a case over MLB over the name THEALLSTARGAME .com as they stated it was a "marked" name by MLB, but it was also known as common phrase, as in little league allstargame, NBA allstargame, and so on. The name NISSAN is a marked name which is a "World Wide" known name because of NISSAN MOTOR CORP. not because of Mr. Nissan
Im excepting any bets on this as i say Nissan will win the rights to their legal marked name, payment can be sent through paypal
PS. any settlement that Nissan might have offerd he should have taken, and with the fact that he said 15 million is what he would take is futher proof that he was squatting, once you ask for an amount of money it then turns the tables against you with what we would prove is "Bad Faith Intent"

 

[P10n33R]

His name in Mr. Nissan and he bought it before they did. I don't feel he is doing anything wrong at all. He owns it. He should be able to do anything he wants with it.

 

[Dave_Z]

His name in Mr. Nissan and he bought it before they did. I don't feel he is doing anything wrong at all. He owns it. He should be able to do anything he wants with it.

Ordinarily that's the case. But trademarks can take precedence
on this matter, depending on certain circumstances and, if it's
reached the UDRP or court stage, the presiding "judge" on the
case rules in favor of the trademark holder.

Based on the threads, if what wlspro said is true about Nissan
Motors having registered and subsequently obtained the TM for
"Nissan" way before Mr. Nissan set foot in the US, coupled with
the detail that Mr. Nissan engaged in a car business, this is one
time Nissan Motors has rights to the name.

If anything, it's Mr. Nissan's "honest" mistake (though I can't
really tell if it's honest) that he registered the domain name
before checking if a trademark has been issued for the word
itself.

Is the name that important to him that he'd spend so much
on legal costs?

 

[wlspro]

No need to take my word, I always provide a link to the source.

Nissan Motors registered "Nissan" on December 15, 1959 (source: USPTO)
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=72053632

Mr. Nissan was born in Israel, came to the US in 1976 and started "Nissan Foreign Car" in 1980 (source: his own website)
http://digest.com/Big_Story.php

Mr. Nissan registered NISSAN.COM in 1994 and NISSAN.NET in 1996 (source: public whois)
http://www.whois.sc/nissan.com
http://www.whois.sc/nissan.net

 

[The Equivocate]

If my last name was Nike or Microsoft (lol), I wouldn't expect to be able to start a company called Nike's Shoes or Microsoft's Computer Shop.

 

[anthonyjdoe]

The whole thing is an ongoing process of big corps pushing around the little man. The first problem is Corporate America, too many corporations ahve their hands in the pockets of the governement giving them too much power and they are able to get away with these crimes against their fellow American. Nissan should be fined for not sending Mr. Nissan a fair offer for thr domain name and acting in haste wasting the courts time and money not too mention our tax money. Give the guy 10 million for the name and get it over with, not to mention that Nissan is foriegn comany and .com is an American extension. Nissan is a cheap bully.....I salute Mr. Nissan for his fight and hope he keeps it up till his death and passes the name onto his son to continue the fight against the corporations of America....

 

[Dave_Z]

Just thought I'd post an update on this thread:

http://www.latimes.com/business/la-...coll=la-headlines-business&ctrack=1&cset=true

 

[CrazyTech]

Well to be honest I'd consider my view impartial in this matter. I heard about this case a while back but never paid any attention to it until I read this thread. IMHO Mr. Nissan registered a domain name of a trademark that was already owned by the company. I don't think he registered the name to knowingly cybersquat on but laws and laws and it appears to me that he's violating their trademark. Personally, I'm sure Nissan Motors offered a fair price for the domain in the first place and I would have taken it. The domain is virtually useless right now and IMHO the case could very easily go against him.

 

[LeeRyder]

i dunno..they seemed to have lost the cyber squating case against Uzi as noted here:

1) CyberSquatting claim, in favor of Nissan Computer.
2) Infringement on non-auto-related claim, in favor of Nissan Computer.
3) Infringement on auto-related claim, in favor of Nissan Motor.
4) Dilution, in favor of Nissan Motor.
5) And issued a Permanent Injunction, allowing Nissan Computer to keep operating nissan.com and
nissan.net domain names, but prohibited us from:

a) Posting Commercial content at nissan.com and nissan.net.
b) Posting Posting advertising (and permitting advertising to be posted by third parties) at
nissan.com and nissan.net.
c) Posting disparaging remarks or negative commentary regarding Nissan Motor Co., Ltd. or
Nissan North America, Inc. at nissan.com and nissan.net.
d) Placing, on nissan.com or nissan.net, links to other websites containing commercial content,
including advertising.
e) Placing, on nissan.com or nissan.net, links to other websites containing disparaging remarks
or negative commentary regarding Nissan Motor Co., Ltd. or Nissan North America, Inc.

But I find it ironic nissan motors (aka: the jerks henceforth) is sueing now ($10,000,000) for freedom of speech against the rulings.

Wait, he cant have (Uzi) freedom of speech in using his name.. but "the jerks" do?

It is still extremely apparent to me, though I know others disagree.

Nissan motors is just wrong. If it happened to you, I'm sure you would agree.

 

[Mayur]

I would have give the domain a long time ago. A company like Nissan Motors would have paid a good deal for that domain. Plus it also saves all the hassle of going to court and being sued and all that crap.

 

[Mystic]

i would keep domain until the end, i wouldnt give it up, i beleive a domain should stay in the possession of who registered it, if the other company are too late, tough look, they can buy or suffer, they shouldnt be allowed to take the domain because they happen to have the name nissan as there company, if i would buy rogers.com and i found out theres a company names rogers, it shouldnt mean they can steal my domain

microsoft are the worts, suing mikerowesoft.com his name is mike rowe damnit, they took him to court after he offered to sell it, aaah these people that sue for the domains annoy me, its there own fault for taking too long (haha nissan have .co.uk lmao, awwww no .com )

 

[jamminsport16]

I think Mr. Uzi Nissan should be able to keep: nissan.com. Nissan cars should have to buy it from him!

 

[DN Tycoon]

I agree, the Nissan company should have to buy it from him if they want it. The fact that his last name is Nissan is good enough for me that he is the rightful owner of the name and should only give up the name if he chooses. It all boils down to if you snooze you lose, being a billion dollar company they should know that first hand.

 

[WuLabsWuTecH]

yeap, Mr. nissan should be able to keep the name with full rights. If Nissan Motors wants it, then they should have to buy it (funny thing is that had they put the amount of money that they are spending wuing him to buying the name, it would probably be theirs right now) That or they could pay Mr. Nissan to put up a link at the top of the page that says "This is the website of Nissan Computers. Nissan Motors can be found by clicking this link"

 

[jamminsport16]

We should start a petition for Mr. Uzi Nissan =]

 

[domaindawg]

The best thing to do IMO: he should post a picture of himself taking a big coiled steamy dump on a new nissan car for all the millions of annual visitors to see and the slogan:

"Buy American Cars....like Ford, Chevy, or Dodge, because they all own their company domains!" :p

 

[jamminsport16]

The best thing to do IMO: he should post a picture of himself taking a big coiled steamy dump on a new nissan car for all the millions of annual visitors to see and the slogan:

"Buy American Cars....like Ford, Chevy, or Dodge, because they all own their company domains!" :p

=] lol wuts imo (image money order? lol)