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This is absurd to try and sue people for something if it's legitimately theirs. It only makes the party suing look bad.
This shouldn't even be an issue. Nissan Computers is clearly
distinguishing themselves from the Nissan car company. Copyright/Trademark law shows that a conflict only exists if the use of a name is for the purpose of acquiring the business of another party unethically or is using the name for defamatory purposes. Neither is the case here. Nissan Computers is not trying to steal car business, utilizing the Nissan motor logo, or trying to spread defamatory remarks. They are only displaying information about the intent of the Nissan car company,
which is legally deemed as acceptable behavior.
I really don't see how Nissan Motor Corp. has any case at all here. It seems clear that Nissan Computer Corp. was the first to register the domain name, and therefore, it
should be there's to keep. I discovered this event while I myself was looking for the Nissan Motor Corp. web site. Nissan Computers is even so helpful as to provide the URL of the Nissan Motor Corp's. web site at the top of their home page. Give a small business owner a break and let them keep the name that will undoubtedly give them the greatest amount of exposure and business. I don't see how it is hurting Nissan Motor Corp's. sales at all.
Nissan is Nissan.... It does not specify or imply Nissan Motors or anything like that... This domain name bull***t is getting out of hand... If you snooze, you lose... Therefore, Nissan
Motors needs to get a life... If they wanted the
domain name, they should have acted on it and registered it... They should've grabbed Nissan.net when Mr. Nissan registered Nissan.com... They didn't... Oh well... Get over it Nissan Motor company... This is a free country... If I want to use my last name as a business name, I will... and nobody will tell me otherwise...
I have 2 simple comments.
Everyone knew that the Internet domain names were fair game. This was common knowledge in the early 1980s. If Nissan (or any other company) failed to secure their interest, then they should bite the bullet and accept their lack of vision. If another party establishes the right to such a name (by paying the $50 or $100 year) for the name then it is rightfully theirs. In my personal opinion, Nissan should not sue the owners of www.nissan.com but their marketing people for being so stupid as to fail to predict the growth and popularity of the Internet.
2) The Internet is a global resource, and not exclusively a business one. The only fair way to administer such an entity is on a first-come first serve basis.
The Nissan Motor Company is acting like a jealous
juvenile. Perhaps even embarrassed by the fact that they've been in business for much longer than your computer company, yet still lacked the foresight and initiative, which you posses, to register the domain first. They have no right to try to take it from you. Early bird gets the worm, eh? Keep fighting (unless they offer to buy the domain from you for several million dollars, then you can easily use "imfrikenrich.com" to run your business and the extra cash
to advance it).
I believe that if Mr. Nissan has had this domain name since the early nineties then the car company has no right to try to take it, They should try to acquire it by purchase but Mr. Nissan is well within
his rights to keep the domain name that he has all legal rights to use.
Oh can anyone stop this madness? To Nissan Motor Corp. I say this...find something better to do with your time and money. How about making safer cars,
providing more incentive to customers, keeping a close eye on those greedy dealerships, or donating more money to my Charity. :)
Damian D. Almanza
Nissan should pay Mr. Nissan for the domain name, and they should pay him well. It is
not HIS fault that Nissan was too shortsighted to grab the domain name...you snooze, you lose. Mr. Nissan had it first, and he should be able to use it first...unless Nissan wants to cough up a ton of cash to buy him out.
While I agree that you have right to the domain name I don't agree with your business since. Nissan Motors is a large and profitable corporation, would it not be in your best interests to simply reregister you site to different location and sell you ownership of www.nissan.com to
Nissan Motors. Not only would this settle any problems between you and Nissan but would also help increase your available cash which is good for any business. Furthermore, I feel comfortable in saying that less than 10% of those who access www.nissan.com are actually looking for your site. While I have no factual data to support this claim I believe it to be close to the truth. Given this, I doubt you would see any real loss of income from changing your domain name. I think it
would be in your best interest to view this situation for what it actually is, an opportunity and not a problem. Lastly, I noticed as I glanced through your peoples opinions link that it was very much one sided. I would like to see this e-mail included in your link as well as others like it. If you wish to provide opinions you should present both types regardless of the fact they may not represent yours.
I was looking for Nissan parts and stumbled on this interesting case. As you are not in direct competition with Nissan Motors they shouldn't have a case. As we all know, justice is not always carried out in this imperfect world. Even if they did the right thing and
bought the domain from you for millions, you would have the right to choose. This seems like a classic case of a seige. They will surround you until you starve. These tactics should be Illegal themselves. I hope you will sue them for wrongly attacking you and preventing from you business to grow while you are in an impossible legal battle with this aggressive corporation. Instead of suing you they should hire better directors that are actually in touch with the world around them
instead of counting their large salaries. If I was a Nissan stock holder I would be outraged by their incompetence, even more so, I would be ashamed to be on the board of such a company. I hope someone at Nissan Motors will come to their senses and realize how much this can damage their good reputation (so far) that they have built for decades, also as Datsun.
I wonder if they are also suing Dustan.com.
Guy Livneh, Los Angeles, CA
It seems as if this gentlemen has been using his legitimate surname for years and should continue to be able to. I think maybe there could be some type of agreement where he could continue to use his name for long time customers would recognize his business, but also make some
changes so that Nissan Motors would not be mistaken for this mans business. Hopefully a mutually reasonably agreement will be reached so that all parties will be satisfied.... Thanks
good luck Mr. Nissan
Actually, I own a Nissan car (irrelevant, I know). I am a computer professional and I fail to see how your name (Nissan Computer Corp) conflicts with their car company. If they wanted "NISSAN.COM" they should have registered it. Now, if you are trying to sell them "NISSAN.COM" for tons of money, then I think they have a beef, but, if you have no intention of selling them the name and your intent is to keep it and pursue your business with your family name, then they just
missed the boat and have no beef with you...Now, if you start a car company....you could be asking for trouble. May you should compromise and keep Nissan.COM and allow them Nissan.NET or something like that. Or maybe both parties can compromise and take "NISSAN.*" off the "market" and choose something else.....basically...I think they have no beef with you and the only way they can win the name is by keeping you in litigation until you run out of money and they win
by default.....(unless of course you have more money than they do...) What they should do is ask you if you would be willing to give up the name instead of legal threats......fight if you can...
I hate when Large corps
push around the little guy. I will help if I can..... Nissan Motors should go to h**l..... I was going to buy one of their cars but now , forget it. Sincerely,
I was reading your website, and though I do side with you
and believe that Nissan, the auto manufacturer, should not be suing you, I found myself rather shocked after reading the People's Opinions. You see, I only reached page two when I realized that there were no negative comments toward your plight. I am not sure if you are not being completely unbiased about which comments you post, but I would like to offer one: If I were you, being in the situation that you are, I would take a huge, obscene, cash settlement and run. Frankly, they are going to
tie you up with legal battles for the rest of your life and they have the funds to do so. Honestly, if I owned Nissan, I probably would too. If you keep track of your hits, you know how many people hit your site looking for automobiles, not computers. Thus, from a pure business standpoint, even if it is pretty low on the moral standards, I can understand why Nissan is looking to take the domain name. I only wish I were in your shoes. With the few million I would squeeze out of
Nissan motors, I would be able to fund a couple of other businesses that are far more valuable than this fight. After all, I came to your site, never saw one computer for sale and probably would not have bought one from you anyway (no offense, I only build my own, buy local if I can, or purchase from large companies that I can leverage a good warranty). Out of all those hits, what percentage of auto shoppers will suddenly decide to purchase a computer? And of those people, how much of
the gross margins will add up to the amount that you will be able to sell the domain name for? Calculate in the time involved to make those sales (of which I imagine are none from the website at present) and compare that with the instant cash in the bank from Nissan motors... I wish the best of luck to you and if you want to win, I will be rooting for ya. Though secretly, I will hope that you find some way to end up in prosperity rather than broke with a popular domain name that
gets a lot of the wrong traffic.
Though I would not classify it as negative, but more of playing a bit of "devils advocate". I really hope you get what you want out of it all!
I see your poit, but I came to the site
looking for Nissan cars. I'm guessing most folks did. Why not just put a link to their site on your front page? Don't ask for some super amount of money for this, just because Nissan is a big company. Then you ARE taking advantage of them. It was Nissan that got the traffic to your site, not you. Do it because people who go to your site are most likely looking for them. You decide though. Free enterprise and all that.
I understand your situation, and I would most likely have taken the same actions you are taking. From a customer's
perspective, however, MOST people have heard of, and know about, Nissan motors. I recently arrived at your page thinking this would be a web site for Nissan Motors. I was researching prices for a new car. MOST
people have not heard of Nissan Computer
You could still use your sur name in your site, but it doesn't have to be "Nissan.com" For example, you could make it "Nissancomputercorp.com" or something similar to that.
You are probably angry at the approach Nissan has taken, as though they are the almighty, and you should give in to them because they are such a huge corporation. I understand your anger & concern. From a car buyer's
perspective, I think
it would be easier for us, and for you (because you wouldn't have to re-direct car buyers from your site) to just change the address! But I guess you have to stick to your
Why couldn't this website just change to
something like www.nissancomputers.com? Why assert yourself just to confuse people? I would've always figured www.nissan.com to be the Nissan Motors website. As if you would actually make LESS money if you changed it. Hmm, wait a sec..you probably WOULD MAKE LESS MONEY. and here's why...How many of this websites hits can you attribute to the fame of Nissan Computers? Most likely only a small percentage. You should realize that Nissan computer is
profiting off of the fame of Nissan Motors. I bet at least half of the people who've been to this site were looking for a car. Nissan Computer also probably gathered quite a few of your customers from this group of misdirected
web surfers. That's why NCC is making such a big deal over a web address.
And what is this bullshit about "IM NOT GONNA BUY A Nissan NOW"? You think denying Nissan its business is going to help? Or that this suit has any relation at
all to the quality of Nissan's service or its cars? I think not. You'll just be giving more money to the even bigger companies like Honda or Ford.
As an former employee at Nissan in the Netherlands I think this goes a little to
far. OK, His family name is Nissan OK, Nissan is a worldwide car brand and known for that OK, Mr. Nissan has started one or two companies in the US But there is a larger brand that goes by the name Nissan then there is a company doing stuff with computers. And then it's named Nissan Computer Corporation... So name the website NCC or something and give the name Nissan.com to Nissan! Sell it to them if you like, but give up your fight. The Nissan Motor Company is to big, you can't win.
I think it would only be fair for you all to let Nissan cars have this site - that is what the VAST majority of people log onto here to see and you are wasting all our time by being selfish and helping yourself out.
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