Wednesday 27 April 2011

Nissan Vs Nissan..???

While I was doing a research for my class exercise on the cybersquatting issues, I have come across an article which interests me. It was the case on Nissan Vs Nissan. At first I thought there was a civil war going on in the Nissan company. But it turned out to be something else.
The story goes like this. There is a guy named Uzi Nissan and he was born in Jarusalem. He mentioned that Nissan is his family’s name. His father’s last name was Nissan and so was his grandfathers and great great….. grandfathers. In his statement, he also mentioned that what does Nissan means in biblical terms. Back to the story, he came to U.S in 1976 and he has used his surname for years to identify a number of business enterprises. The first one was “Nissan Foreign Car” in 1980. He serviced varieties makes and models of foreign cars, inclusing cars manufactured by Nissan Motor. As everyone might probably know this, Nissan Motor was known back then as Datsun. Therefore, in 1980, Uzi did not choose to use his last name “Nissan” because it was contrary with Nissan Motor.
In 1987, he started an import and export business, known as “Nissan International”. Still at that time, Nissan Motor was known as Datsun. In 1991, “Nissan Computer Corp” was incorporated. He has used Nissan as part as his trade name in connection with the sale of computer hardware, computer maintenance, networking, computer training and other consulting services related to computers. Due to that, in 1994, he then registered the domain name “nissan.com” and has created a website to promote computer related products and services on the Internet. Later after that, in 1995, he received a service mark registration for Nissan and his logo from the State of North Carolina.
He then continued his journey in 1996 by registering “nissan.net” and began offering Internet services, including dial-up connections and direct data connections to business. In December 1999, after five years of registering “nissan.com”, legal action was instituted by Nissan Motor seeking $10 million dollars in damages and Nissan Motor tries to restrain him for using his family name for business purposes on the net.
At the end of the day, the district court has issued a final judgement, allowing Nissan Computer to retain its Nissan.com and Nissan.net domain names. However, they are restricted to:

While I was doing a research for my class exercise on the cybersquatting issues, I have come across an article which interests me. It was the case on Nissan Vs Nissan. At first I thought there was a civil war going on in the Nissan company. But it turned out to be something else.

The story goes like this. There is a guy named Uzi Nissan and he was born in Jarusalem. He mentioned that Nissan is his family’s name. His father’s last name was Nissan and so was his grandfathers and great great….. grandfathers. In his statement, he also mentioned that what does Nissan means in biblical terms. Back to the story, he came to U.S in 1976 and he has used his surname for years to identify a number of business enterprises. The first one was “Nissan Foreign Car” in 1980. He serviced varieties makes and models of foreign cars, inclusing cars manufactured by Nissan Motor. As everyone might probably know this, Nissan Motor was known back then as Datsun. Therefore, in 1980, Uzi did not choose to use his last name “Nissan” because it was contrary with Nissan Motor.
In 1987, he started an import and export business, known as “Nissan International”. Still at that time, Nissan Motor was known as Datsun. In 1991, “Nissan Computer Corp” was incorporated. He has used Nissan as part as his trade name in connection with the sale of computer hardware, computer maintenance, networking, computer training and other consulting services related to computers. Due to that, in 1994, he then registered the domain name “nissan.com” and has created a website to promote computer related products and services on the Internet. Later after that, in 1995, he received a service mark registration for Nissan and his logo from the State of North Carolina.
He then continued his journey in 1996 by registering “nissan.net” and began offering Internet services, including dial-up connections and direct data connections to business. In December 1999, after five years of registering “nissan.com”, legal action was instituted by Nissan Motor seeking $10 million dollars in damages and Nissan Motor tries to restrain him for using his family name for business purposes on the net.
At the end of the day, the district court has issued a final judgement, allowing Nissan Computer to retain its Nissan.com and Nissan.net domain names. However, they are restricted to:

1. Posting Commercial content at nissan.com and nissan.net;
2. Posting advertising or permitting advertising to be posted by third parties at
    nissan.com and nissan.net;
3. Posting disparaging remarks or negative commentary regarding Nissan Motor
    Co., Ltd. or Nissan North America, Inc. at nissan.com and nissan.net;
4. Placing, on nissan.com or nissan.net, links to other websites containing
    commercial content, including advertising; and
5. Placing, on nissan.com or nissan.net, links to other websites containing
    disparaging remarks or negative commentary regarding Nissan Motor Co., Ltd.
    or Nissan North America.


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