General Notes and FAQ (Frequently Asked Questions)
- Nissan Computer Corp. registered the domain name nissan.com in May 1994. When the web was mostly computer, technology, universities, and research related entities, but not many non-computer technology companies around.
- Nissan Computer Corp. registered the domain name
nissan.net in March 1996. When the suffix .net was reserved for network providers/ISPs only, just as the suffix .org was reserved for nonprofit organizations only.
- Nissan Computer Corp. has never been in the business of selling cars and/or car accessories.
- NMC contends: We displayed a confusingly similar logo.
We reply: Judge for your self.
Nissan Motor's Logo Nissan.com's Logo
- NMC contends: a 1959 Trademark.
We reply: Nissan Motors' (NMC) 1959 Trademark was not utilized in the United States until the mid 80's. They operated under the name "Datsun" and started changing the name In the mid 80's to
"Nissan". Mr. Uzi Nissan was born with "Nissan" as his last name, and utilized it in businesses in the US from 1980 to present. See www.ncchelp.org/The_Story/the_story.htm
- NMC contends: A recent study shows that 92% of Internet users expect to find Nissan Motors company, at www.nissan.com.
We reply: The recent study commissioned by Nissan Motor is nothing but a smoke screen not done by an independent research firm. It was hired by Nissan Motors' attorneys
to help them in this case.
- NMC contends: By offering advertising space on our Websites, we are diverting potential and actual Nissan customers, like you, to other sites.
We reply: WE DID NOT, If a
motorist expects to find a "McDonald" restaurant at the interstate exit and find only "Burger King", does "McDonald" have the right to sue "Burger King" for that? The answer is NO. If "Burger King" had put a sign on the interstate, stating "McDonald Next Exit" then the answer will be, YES. So if an Internet user is taking a stab at finding Nissan Motors at www.nissan.com, it is not Nissan Computer's fault. We did nothing
to instigate it except to own a domain name we legally have the right to own.
- NMC contends: Some of the advertising links on our Websites were to other automobile sites.
NONE of those sites were in the business of manufacturing or selling cars.
- NMC contends: The court found that NMC is likely to prevail at trial.
We reply: Nissan Motor appears to
have intentionally filed the case in California in an attempt to gain some strategic advantage (draw your own conclusions). As one of our supporters wrote, "Nissan Motor's lawyers are entitled to their own opinions of the facts, but they are not entitled to their own facts". And to the prevailing issue, Nissan Motors will have to convince the jurors in the trial to find Nissan Computer liable. Jurors are people like you, and up till now, you, the people are voting
over 97% in our favor. See www.ncchelp.org/opinions
- NMC contends: WE demanded a $15 million payment to release the nissan.com name.
We reply: Nissan Motors' official, Mr. Merril Davis, who initiated contact with us and traveled to North Carolina in October 1999 and MR. Nissan told him then that the domain name is not for sale. He contacted Mr. Nissan and traveled again to NC on December 10th 1999, at this time he was prompted by their lawyers (Mr. Nissan did not know it then but after
Mr. Merril Davis's deposition was taken it was known) to entrap Mr. Nissan to give him a price for the domain. After more then 2 hours Mr. Nissan got tired of him asking for a price, and said "$15 MILLION, DO YOU UNDERSTAND NOW THAT I DO NOT WANT TO SELL?". That was it, he went outside and made a phone call, 5 minutes later, an 86 pages of lawsuit papers started printing on our fax, it takes weeks to prepare an 86 Pages complaint. So NO, we did not demand $15 million,
Mr. Nissan's stand was and is, "The domain name is not for sale.
- NMC contends: They tried to resolve this dispute without suing.
We reply: NO, they did not try to resolve this dispute without
suing. (The usual steps would have been to send a "CEASE AND DESIST" letter, and if not complied with, then sue. We never received the letter, nor did their official Mr. Davis bring it to our attention)
- NMC contends: They have no desire to put Nissan Computer out of business.
We reply: YES, their ONLY desire is to put Nissan Computer out of business and take our domain name from us by using the Court system and their vastly superior economic power to do so. This is a classic case of "Reverse Domain Name Hijacking.
- NMC contends: They reserved the name nissancomputer.com for us in good faith.
We reply: They already own and can readily use nissanmotors.com. Their attempt to make us switch from a domain name that we have used for years, without complaint by them, exhibits that this is really an attitude that "they are
the big guy and can take whatever they want".
- NMC contends: The steps they took are to ensure that individuals like you would not be confused by the Nissan Computer website.
We reply: It shows how
little they think of the consumer by suggesting that you will confuse Nissan Computer's website with the automaker's website......
- On Sep. 15th 2000, Mr. Nissan sent a message to their lawyers, inviting their CEO, COO or President to name the time and the place for a meeting, they declined (draw your own
- As of June 12th 2000 there are (2223) domain names registered on the Internet containing the word nissan in them. To the best of our knowledge, most of those domains are
not owned by Nissan Motor Co. Click here to view a partial list of them.
Also here is another list with nissan as the first word of the domain name there are (860
) of them Click here to view. If you wish to see which entity owns any particular listing, just click on the WHOIS link next to it.
- As of June 12th 2000, there are (757) domain names containing the word infiniti in them (Another Nissan Motor Brand), same as above; to the best of our knowledge the majority of those domains are not owned by Nissan Motor Co.
Click here to view those domain names.
- Partial list of trade mark owners including some other Nissan Motor Co. trade marks, that do not own a matching domain nameclick here to view them.
- Nissan computer Corp. operating under nissan.com, and Nissan Computer Corp. (ISP) operating under nissan.net, are small companies catering
to local businesses and individuals in the state of North Carolina.