Uzi Nissan of Raleigh still owns the domain names "nissan.com," for a company that sells computer hardware and networking services, and "nissan.net," for a small Internet service provider.
But the Los Angeles federal judge that allowed him to keep to keep the Web addresses ruled in November they couldn't promote any commercial enterprise, including his own.

The consumer group Public Citizen is joining Uzi Nissan in urging a federal appeals court to reverse the decision on free speech grounds.

"Every time there is an infringement of constitutional rights, there is irreparable harm," Uzi Nissan said Friday.

His case against Nissan North America Inc., a subsidiary of the Tokyo-based parent company, was strengthened thanks to Tuesday's high court ruling. The court refused to force a mom-and-pop sex toy shop to change its name, Victor's Secret, despite complaints from lingerie retailer Victoria's Secret, said Public Citizen attorney Paul Alan Levy.

The Victoria's Secret case tested protections that Congress tried to provide to owners of big brands. The Federal Trademark Dilution Act let well-known brands sue even when it is clear to consumers that an imitator is not related to the better-known product.

The Supreme Court ruled federal trademark law requires some proof of real harm, and Victoria's Secret did not prove it.

"They're insisting on looking at it from a consumer's standpoint, and that has got to be helpful to the free speech rights of Uzi Nissan," said Levy, who wrote a brief to the federal appeals court in support of Uzi Nissan's case.

The ruling is "a reminder that trademark law is trying to protect consumers, the interest of the people seeing these trademarks, and not so much the owners of the trademarks," Levy said.

Nissan North America, based in Gardena, Calif., did not immediately return a call seeking comment Friday.

Federal Judge Dean D. Pregerson in Los Angeles ruled in November that Uzi Nissan's criticism of the car company suing him had a commercial impact and served to dilute the value of the Nissan Motors trademark. The judge didn't put a value on that dilution.

The judge refused to force Uzi Nissan to give up his domain names to the car company. But the judge said he couldn't use it for his computer company either, nor could he add a link taking potential buyers to another site for his business.

Uzi Nissan has used his family name on a succession of businesses - from mobile auto repair to exporting to computers - since the Israeli immigrant came to Raleigh two decades ago.

Levy, who has helped litigate 10 to 20 domain name cases on behalf of people sued by corporations, said he believes the appeals court will send the case back to the Los Angeles judge for review in light of Tuesday's Supreme Court decision.

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On the Net:

Nissan Computer Corp.: http://www.nissanpc.com

Uzi Nissan's site dedicated to the case: http://www.ncchelp.org/

Nissan Motor Corp.: http://www.nissanusa.com

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