Nissan Motors Vs. Nissan Computer

[helo7050]

I'm not sure if this has been talked about on the board. I've been kinda watching the case a little. Wanted to see what ATOT says about it. Info at www.nissan.com a and www.ncchelp.org

It seems a guy who's last name is Nissan started a PC repair company called Nissan Computers and registered nissan.com when Nissan was called Datsun. In 1999 Nissan went after Nissan computer with a $10million and wants rights to the domain. They are saying he is diluting the Nissan name and trademark infringement. I personally feel that this is a really tough one. I currently stand by the Nissan Computer company. Infact i will never buy a Nissan again. (its to bad i own one). Nissan should just pay the guy to buyout his business but they went the hardway.

Thoughts..

 

[NFS4]

Old news. This has been going on for a LONG time

 

[helo7050]

Originally posted by: NFS4
Old news. This has been going on for a LONG time

I know its old. I searched but didn't see any topics regading it.

 

[bootymac]

Well, Uzi Nissan said he used the name Nissan before Datsun became Nissan

 

[Vette73]

They, Nissan Motors, should just buy them out. Will cost less in the long run and every time a judge rules it makes the press and Nissan Motors looks bad.

 

[Ornery]

What two fvcktards are on Nissan Motor's side? Figures they won't post their reasoning...

 

[Viper GTS]

Originally posted by: NFS4
Old news. This has been going on for a LONG time

This actually looks like something new.

Granted it's just the latest tactic in an old battle, but I hadn't heard of this yet.

Viper GTS

 

[CptObvious]

Originally posted by: helo7050
I'm not sure if this has been talked about on the board. I've been kinda watching the case a little. Wanted to see what ATOT says about it. Info at www.nissan.com a and www.ncchelp.org

It seems a guy who's last name is Nissan started a PC repair company called Nissan Computers and registered nissan.com when Nissan was called Datsun. In 1999 Nissan went after Nissan computer with a $10million and wants rights to the domain. They are saying he is diluting the Nissan name and trademark infringement. I personally feel that this is a really tough one. I currently stand by the Nissan Computer company. Infact i will never buy a Nissan again. (its to bad i own one). Nissan should just pay the guy to buyout his business but they went the hardway.

Thoughts..

Wait, I'm confused. (obligatory emoticon) Nissan Computer registered nissan.com before the Datsun -> Nissan name change? Didn't the name change occur in the 80's?

I voted Nissan Computer, but if he registered nissan.com after the name change, then I'm leaning towards Nissan Motors for the dilution claim.

 

[Doggiedog]

Originally posted by: Ornery
What two fvcktards are on Nissan Motor's side? Figures they won't post their reasoning...

Haha Skoorb of course!

 

[QuitBanningMe]

I thought this was over.

 

[Viper GTS]

Originally posted by: CptObvious

Originally posted by: helo7050
I'm not sure if this has been talked about on the board. I've been kinda watching the case a little. Wanted to see what ATOT says about it. Info at www.nissan.com a and www.ncchelp.org

It seems a guy who's last name is Nissan started a PC repair company called Nissan Computers and registered nissan.com when Nissan was called Datsun. In 1999 Nissan went after Nissan computer with a $10million and wants rights to the domain. They are saying he is diluting the Nissan name and trademark infringement. I personally feel that this is a really tough one. I currently stand by the Nissan Computer company. Infact i will never buy a Nissan again. (its to bad i own one). Nissan should just pay the guy to buyout his business but they went the hardway.

Thoughts..

Wait, I'm confused. (obligatory emoticon) Nissan Computer registered nissan.com before the Datsun -> Nissan name change? Didn't the name change occur in the 80's?

I voted Nissan Computer, but if he registered nissan.com after the name change, then I'm leaning towards Nissan Motors for the dilution claim.

He used the name as his business name prior to the Datsun => Nissan change.

He has every legitimate right to the name, Nissan Motors is just freaking stupid for not jumping on the domain registration.

Personally I wish Uzi Nissan would just settle out of court for $20 mil & call it good.

His business can't be so good that it wouldn't be worth $20 mil to lose the domain name.

Viper GTS

 

[Pepsi90919]

I'm not sure if this has been talked about on the board.

long time ago

 

[QuitBanningMe]

Originally posted by: CptObvious

Originally posted by: helo7050
I'm not sure if this has been talked about on the board. I've been kinda watching the case a little. Wanted to see what ATOT says about it. Info at www.nissan.com a and www.ncchelp.org

It seems a guy who's last name is Nissan started a PC repair company called Nissan Computers and registered nissan.com when Nissan was called Datsun. In 1999 Nissan went after Nissan computer with a $10million and wants rights to the domain. They are saying he is diluting the Nissan name and trademark infringement. I personally feel that this is a really tough one. I currently stand by the Nissan Computer company. Infact i will never buy a Nissan again. (its to bad i own one). Nissan should just pay the guy to buyout his business but they went the hardway.

Thoughts..

Wait, I'm confused. (obligatory emoticon) Nissan Computer registered nissan.com before the Datsun -> Nissan name change? Didn't the name change occur in the 80's?

I voted Nissan Computer, but if he registered nissan.com after the name change, then I'm leaning towards Nissan Motors for the dilution claim.

83-84 is when they changed.

Really they have been Nissan Motor Company Ltd. since 1934

 

[imported_paulb]

Everyone who posts this on forums always omits an important detail: Nissan motor company only sued the guy (Uzi) after he started posting pay-for-click banners on his site that were car related. People would come to his site and think they where visiting Nissan Motor's car and click on the links and Uzi would make money off Nissan Motor Co. name. They asked him to stop but he didn't and then they sued him.

You can check out some old versions of his site on archive.org:
link 1: search for autos and SUV has what to do with computers
link 2: loans and car tracker

 

[KLin]

Originally posted by: paulb
Everyone who posts this on forums always omits an important detail: Nissan motor company only sued the guy (Uzi) after he started posting pay-for-click banners on his site that were car related. People would come to his site and think they where visiting Nissan Motor's car and click on the links and Uzi would make money off Nissan Motor Co. name. They asked him to stop but he didn't and then they sued him.

You can check out some old versions of his site on archive.org:
link 1: search for autos and SUV has what to do with computers
link 2: loans and car tracker

So what? He still owns nissan.com. If he wants to make money off of it, that's his prerogative.

 

[SuperTool]

99.99...% of people who type in nissan.com are not looking for nissan computers. I don't see any computers sold on that website. The guy is cybersquatting, expecting a payout from Nissan for the domain name.

 

[helo7050]

Originally posted by: paulb
Everyone who posts this on forums always omits an important detail: Nissan motor company only sued the guy (Uzi) after he started posting pay-for-click banners on his site that were car related. People would come to his site and think they where visiting Nissan Motor's car and click on the links and Uzi would make money off Nissan Motor Co. name. They asked him to stop but he didn't and then they sued him.

You can check out some old versions of his site on archive.org:
link 1: search for autos and SUV has what to do with computers
link 2: loans and car tracker

aah. . didn't ever know that. But stilll i do see both sides story and understand them both but on Nissan Motor's side, they are just trying to be a big bully and going the Unethical route.

 

[tami]

first of all, nissan is a hebrew name for one of the months on a jewish calendar. that said, the name "nissan" as a jewish name (uzi nissan is jewish) has been around for about 3000 years.

i doubt nissan cars were around that long.

if nissan (motors) wanted that domain name, they should have purchased it before uzi nissan did.

and again, what's with people bringing up OLD news to the forums?

 

[CptObvious]

I'm all for protecting the little guy against big corporations but I think Nissan has a valid dilution claim here. Even though Nissan Computers is the senior user (first to use the mark), Nissan Motors was well-established as a famous mark when Nissan Computers registered nissan.com. Nissan Computers should have known that by using that name they would be free-riding on the fame of the junior user's name, as opposed to using something like nissancomputers.com.

I think the district court got it right. Nissan Computers should not be held liable for trademark infringement (obviously, since they are the senior user) or cybersquatting but I'm split on the dilution claim.

 

[daniel1113]

Originally posted by: SuperTool
99.99...% of people who type in nissan.com are not looking for nissan computers. I don't see any computers sold on that website. The guy is cybersquatting, expecting a payout from Nissan for the domain name.

:thumbsup:

Either the guy puts up a reputable site for his PC business, or Nissan Autos should have a chance at getting the name. Cybersquatting is worthless.

 

[helo7050]

Originally posted by: CptObvious
I'm all for protecting the little guy against big corporations but I think Nissan has a valid dilution claim here. Even though Nissan Computers is the senior user (first to use the mark), Nissan Motors was well-established as a famous mark when Nissan Computers registered nissan.com. Nissan Computers should have known that by using that name they would be free-riding on the fame of the junior user's name, as opposed to using something like nissancomputers.com.

I think the district court got it right. Nissan Computers should not be held liable for trademark infringement (obviously, since they are the senior user) or cybersquatting but I'm split on the dilution claim.

Just becaue the little guy could not estiblish his name big enough and Nissan Motors beat them to it doesn't Fu@ken mean Nissan has a dilution case. the fact is Nissan Computers used the name first and if i were him i would have sused Nissan Motors for using his name.

 

[daniel1113]

Originally posted by: helo7050
Just becaue the little guy could not estiblish his name big enough and Nissan Motors beat them to it doesn't Fu@ken mean Nissan has a dilution case. the fact is Nissan Computers used the name first and if i were him i would have sused Nissan Motors for using his name.

Looks like someone has never read about this case.

 

[ElFenix]

i thought this got settled a long time ago.

 

[Ornery]

Yeah, a couple more tools, like the geniuses at Nissan Motors, who neglected to register the name. He was already found by the court to NOT be cybersquatting, nitwits!

 

[CptObvious]

Originally posted by: Ornery
Yeah, a couple more tools, like the geniuses at Nissan Motors, who neglected to register the name. He was already found by the court to NOT be cybersquatting, nitwits!

Confusion-based trademark infringement, cybersquatting, and dilution are all separate causes of action (subsections a, b, and c, respectively, of section 43 of the Lanham Act). Just because you're not liable under cybersquatting doesn't mean you're in the clear for the other two.

Correction: Cybersquatting is covered by subsection d, not b. My mistake