Nissan Computer Corp. vs. Nissan Motor Co. - Tilted Forum Project Discussion Community

rubicon · 12-04-2003, 07:44 AM

Nissan Motors has been suing a computer retailer called Nissan Computer Corp for some time. It seems things haven't been so good for Nissan Computers based on this.

Here's Nissan Computer's very first web site, from 1996, using The Wayback Machine. It seems Nissan Motors had their web site around the same time. We've come a long way in web technology...

Anyway, the following text is a message the owner of Nissan Computers sent to me on 7/8/02 about the tatics Nissan Motors was using to claim the domain name. I present this information as an "FYI" without any comment to the legal or ethical issues related to it.

Enjoy!

Quote:

Thanks for your past correspondence in support of our struggle with Nissan Motors to retain our domain name nissan.com (re: www.ncchelp.org ). I am sorry it took me so long to reply (I was extremely busy with the case).
This e-mail is simply to update you on the matter as we ask for your continued support. Our legal battle continues, Recently the court has ruled on a summary judgment as follows:
1. "CyberSquatting" claim, in our favor.
2. "Infringement on non-auto-related" claim, in our favor.
3. "Infringement on auto-related" claim, in Nissan Motor's favor.
4. "Dilution" claim was sent to trial.
5. The court dismissed all of our counter claims.

Nissan Motors' intention to make this case as expensive for me as possible was evident from the beginning. Undoubtedly, the notion that my company might be forced into bankruptcy rather than fight for my name, given the great expense must have been a consideration. As if the financial burden incurred by Nissan Computers was not enough, Nissan Motors filed a lawsuit against the Internet Center, Inc., in which I am the majority shareholder.
The Internet Center, Inc. does not even utilize the word, "Nissan" in any way.

In another example of Nissan Motor's flexing its corporate might, age old eminent domain laws have been rewritten in Mississippi allowing the State to take land and homes from local landowners for the sole private benefit of Nissan Motors. How the State of Mississippi was "convinced" to change these laws is unclear, but it is clear that local individuals are being deprived of their property rights so Nissan Motors can build its own plant.
FOR SUPPORTING ARTICLE GO TO: www.ncchelp.org/a

The recent court rulings did not end this case, and as I was saying, our legal battle continues. The "Dilution claim" will be argued in front of a jury on Oct 15th, 2002 (delayed again) at the federal court in Los Angeles.
Many legal experts view our case, not as a "law-breaking" case, but as a "law-making" case. Thus the potential loss of our domain name in this fashion may set the wrong precedent for future cases and will open the door for any deep-pocket corporation to do the same. This may become "the law of the land" by being solely based on "the law of the jungle", and may affect you or someone you know.

This case has been denied national media coverage due to the automaker's huge advertising resources ($400,000,000 per year). We want to win this lawsuit, but we also want to draw public attention to this type of corporate terrorism. Your help in this matter becomes crucial and we are asking for your continued support by sending an email to the media and stating the importance of bringing these facts to the public. Remember that it was Public Opinion and Awareness that ended the Soviet Union, not missiles.
Together we can make a difference.

TO SEND AN EMAIL TO THE MEDIA GO TO: www.ncchelp.org/media EMAIL THIS STORY TO A FRIEND: www.ncchelp.org/The_Story/mailto.php

Best Rgds.
Uzi Nissan
Pres., Nissan Computer, Corp.
919.233.5000
www.nissan.com
www.ncchelp.org

Moonduck · 12-04-2003, 08:15 AM

I remember seeing something about this a while back. The comparison to Eminent Domain is entirely valid, and very frightening. Las tthing I want to see is someone trademarking my name. Scary stuff.

And a big old "BOOOOOO" to Nissan for being jerks about this. they should've just offered this small company an obscene amount of money for a buy-out of the domain. Prolly would've saved money in the long-run against legal fees.

rubicon · 12-05-2003, 10:06 PM

I've always wondered if Apple had owned mac.com or if they needed to legally wrestle it from someone.

Elitegibson · 12-09-2003, 06:45 PM

Who says Nissan didn't offer him gobs of money and this guy was being the jerk who said no? Anyone could see he wasn't squatting, and he won that claim, but when people think about Nissan cars, they go to Nissan.com, and when they find that it's not there, that's the problem. The most known entity with that name should have dibs on the domain. He shouldn't have even fought them. The judicial system isn't set up for little guys to win, and although that's sad, people should be smart and not ruin their lives fighting it. I don't feel sorry for him.

Citizen Lufega · 12-13-2003, 02:06 PM

Bullies pushing the little guys is what this is..

I'm going to crash my Nissan right now..

ducati999 · 12-13-2003, 10:08 PM

thats just ridiculous.....there is a story like this where ford sued some guy with the domain name jaguar or it had jaguar in it and this guys site had nothing to do with the car but it was about the animal.....again why ford sucks

mystic511 · 12-16-2003, 10:01 PM

Obviously his claim of "law of the land" and it affecting someone you know will never be true. Why? Look at the WWF for example.

The World Wrestling Federation undoubtedly has a ton more money then the World Wildlife Federation. Hell, if you said WWF to the average joe, would they think of wrestling or animals? But, the wrestling corporate giant lost that case.

I believe this man was being stubborn from the beginning and probably knew that thousands of internet users would stumble across his page when people were looking for nissan cars.

Nissan probably offered him a small amount of money to buy out the domain name, but it must not have been enough for him. Based on that, his own reasons that this legal case may hold for other corporations in the future is again invalid, because it could have been avoided in the first place.

To me, if this sets a trend, i blame it on him for being the one to start it.

12-05-2003, 10:06 PM	#3 (permalink)
rubicon Stop. Think. Question. Location: Redondo Beach, CA	I've always wondered if Apple had owned mac.com or if they needed to legally wrestle it from someone. __________________ How you do anything is how you do everything.

12-09-2003, 06:45 PM	#4 (permalink)
Elitegibson More Freedom, Less Bullshit Location: Tulsa, OK	Who says Nissan didn't offer him gobs of money and this guy was being the jerk who said no? Anyone could see he wasn't squatting, and he won that claim, but when people think about Nissan cars, they go to Nissan.com, and when they find that it's not there, that's the problem. The most known entity with that name should have dibs on the domain. He shouldn't have even fought them. The judicial system isn't set up for little guys to win, and although that's sad, people should be smart and not ruin their lives fighting it. I don't feel sorry for him. __________________ -Erik Stupid people shouldn't breed.

12-13-2003, 02:06 PM	#5 (permalink)
Citizen Lufega Upright Location: Miami Fl	Bullies pushing the little guys is what this is.. I'm going to crash my Nissan right now.. __________________ PACHANGA!!!

12-13-2003, 10:08 PM	#6 (permalink)
ducati999 Crazy Location: USA	thats just ridiculous.....there is a story like this where ford sued some guy with the domain name jaguar or it had jaguar in it and this guys site had nothing to do with the car but it was about the animal.....again why ford sucks __________________ Twist of the wrist

12-16-2003, 10:01 PM	#7 (permalink)
mystic511 Tilted	Obviously his claim of "law of the land" and it affecting someone you know will never be true. Why? Look at the WWF for example. The World Wrestling Federation undoubtedly has a ton more money then the World Wildlife Federation. Hell, if you said WWF to the average joe, would they think of wrestling or animals? But, the wrestling corporate giant lost that case. I believe this man was being stubborn from the beginning and probably knew that thousands of internet users would stumble across his page when people were looking for nissan cars. Nissan probably offered him a small amount of money to buy out the domain name, but it must not have been enough for him. Based on that, his own reasons that this legal case may hold for other corporations in the future is again invalid, because it could have been avoided in the first place. To me, if this sets a trend, i blame it on him for being the one to start it. __________________ One day, I will become Virtually Infamous.

12-04-2003, 08:15 AM	#2 (permalink)
Moonduck Junkie Location: SE USA	I remember seeing something about this a while back. The comparison to Eminent Domain is entirely valid, and very frightening. Las tthing I want to see is someone trademarking my name. Scary stuff. And a big old "BOOOOOO" to Nissan for being jerks about this. they should've just offered this small company an obscene amount of money for a buy-out of the domain. Prolly would've saved money in the long-run against legal fees.