Nissan.com - The Battle still raging 14 years later

[domaingenius]

I would like to see changes to the UDRP to allow privileged & without prejudice communications seeking to settle a complaint to be excluded totally from any documents considered by the examiner. At present it is impossible to approach a complainant to sell to them, and the complainant doesnt seem to realise why you wont give them a price. Then the lawyers get involved and see $$ for themselves (in this case for 10 years !). I am at the beginning (1 year) of one of those situations now.

DG

 

[Seraphim]

The owner is probably terrified to even mention it's "purchasable". The guy is walking through a mine field. The next question is how much is it worth to Nissan?

 

[Raider]

The owner is probably terrified to even mention it's "purchasable". The guy is walking through a mine field. The next question is how much is it worth to Nissan?

Agree, If I was the owner, I'd be forwarding all correspondence to a good Domain Attorney, allowing him to broker the domain.

 

[Irish31]

"2. Nissan Computer is entitled to cost under rule 68.
The court ordered NMC to pay $58,000 as cost under rule 68, this is less then 2% of what the cost was to defend this case."


Am I reading this right? 58k USD covers just over 1& of what it has cost this man to defend what is rightfully his against these pricks?

It has cost this guy well over 2 million dollars to battle these guys? How is he not bankrupt? Does he get his court costs covered when he wins?

It must be, otherwise big companies could just take names for the hell of it, knowing the cost to just get to court to see their ludicrous claim would put 99% of us out on the street.

 

[domaingenius]

"2. Nissan Computer is entitled to cost under rule 68.
The court ordered NMC to pay $58,000 as cost under rule 68, this is less then 2% of what the cost was to defend this case."


Am I reading this right? 58k USD covers just over 1& of what it has cost this man to defend what is rightfully his against these pricks?

It has cost this guy well over 2 million dollars to battle these guys? How is he not bankrupt? Does he get his court costs covered when he wins?

It must be, otherwise big companies could just take names for the hell of it, knowing the cost to just get to court to see their ludicrous claim would put 99% of us out on the street.

Unfortunately for those who have not had the "pleasure" of going through the legal/court system, yes that is how it works out usually that even though you win hands down, the Court in their infinite wisdom always think that the winning is enough and forget giving you costs. That is why Court cases are utter waste of time, as I found after 10 years in UK system, even though I "won". The worst mistake you can make is to instruct a lawyer, best do it yourself or dont do it at all.

DG

 

[Irish31]

Unfortunately for those who have not had the "pleasure" of going through the legal/court system, yes that is how it works out usually that even though you win hands down, the Court in their infinite wisdom always think that the winning is enough and forget giving you costs. That is why Court cases are utter waste of time, as I found after 10 years in UK system, even though I "won". The worst mistake you can make is to instruct a lawyer, best do it yourself or dont do it at all.

DG

Step 1. Find an easy target and pick on them, demand you want whatever they have.

Step 2. If they try and stick up for themselves, take it to court and and force them to go into debt while you laugh the costs off

Step 3: Profit?


If a media outlet would refuse to pick up this story out of fear of pissing off a bully... I don't see how our society as it is will last too much longer.. disgusting.

 

[Dave Zan]

I guess very few, if any, are interested in checking further other than what's
been stated in that article. Did you folks know:

1. That Nissan Motors did offer to buy the domain name from Mr. Nissan for a
lot of money, but he refused?

2. That Mr. Nissan or whoever eventually placed a car ad in Nissan.com?

Too bad the supposed links to decisions in that article don't seem to work. But
here's one for your perusal:

http://www.citizen.org/documents/CourtofAppealsRulingNissanMotorvNissanComputer.pdf

Currently Mr. Nissan gets to keep the domain name, and both parties bear the
costs of the litigation. I guess it's worth it for Mr. Nissan.

But the moment he puts anything commercial on Nissan.com for cars, you can
bet Nissan Motors will use that against him and might get what they want. So
far, it seems Mr. Nissan is ensuring that doesn't happen...or else.

Unless I missed something, I don't see any Nissan application for computers of
any kind other than maybe consumer electronics like audio and video players.

 

[Irish31]

I guess very few, if any, are interested in checking further other than what's
been stated in that article. Did you folks know:

1. That Nissan Motors did offer to buy the domain name from Mr. Nissan for a
lot of money, but he refused?

2. That Mr. Nissan or whoever eventually placed a car ad in Nissan.com?

Too bad the supposed links to decisions in that article don't seem to work. But
here's one for your perusal:

http://www.citizen.org/documents/CourtofAppealsRulingNissanMotorvNissanComputer.pdf

Currently Mr. Nissan gets to keep the domain name, and both parties bear the
costs of the litigation. I guess it's worth it for Mr. Nissan.

But the moment he puts anything commercial on Nissan.com for cars, you can
bet Nissan Motors will use that against him and might get what they want. So
far, it seems Mr. Nissan is ensuring that doesn't happen...or else.

Unless I missed something, I don't see any Nissan application for computers of
any kind other than maybe consumer electronics like audio and video players.

I could see them trying this at some point over 14 years. I'm guessing (could be wrong) that they did this at a point in time when they had already pulled him far enough into this that the man just either didn't care to give it up our of spite (not saying this is a good option either if the offer was that hefty) or felt low-balled by the offer.

I didn't know he put car ads on the site. They did mention there was some on the site, when Nissan was under a previous name. Even so, given the great lengths the company has taken to take this away from him, I'd say with the information present, the man has acted well in-line.

I can only imagine the stress this would put me through. I can honestly say I would have sold the name to them at some point, if I had my family name.

 

[xero]

I guess very few, if any, are interested in checking further other than what's
been stated in that article. Did you folks know:

1. That Nissan Motors did offer to buy the domain name from Mr. Nissan for a
lot of money, but he refused?

2. That Mr. Nissan or whoever eventually placed a car ad in Nissan.com?

Too bad the supposed links to decisions in that article don't seem to work. But
here's one for your perusal:

http://www.citizen.org/documents/CourtofAppealsRulingNissanMotorvNissanComputer.pdf

Currently Mr. Nissan gets to keep the domain name, and both parties bear the
costs of the litigation. I guess it's worth it for Mr. Nissan.

But the moment he puts anything commercial on Nissan.com for cars, you can
bet Nissan Motors will use that against him and might get what they want. So
far, it seems Mr. Nissan is ensuring that doesn't happen...or else.

Unless I missed something, I don't see any Nissan application for computers of
any kind other than maybe consumer electronics like audio and video players.

Yeah, reading the case, auto-related ads were posted in 1999, long after Nissan changed their name from Datsun in 1985.

Nissan Computers also changed their logo at this time, to make it look similar to Nissan Motors.

So they lost the trademark infringement case, but got to keep the domain with conditions that it could be used for non-auto use only.

But by having the prominent 'David v Goliath' style story, the anti-Nissan bumper stickers etc , they are trying to extort a huge price.
They originally wanted $15 million, probably now it is a lot more.

So they aren't quite so innocent as they want people to think.

 

[dn-101]

iPhone.com sold for a cool $37.5m. I was the original owner in, say, '95, and let it drop a year later.
Nissan.com should fetch North of $50 m

There is also a comparable story of Delta.com previously owned by a small company

 

[keyser]

I would say that by not owning this domain Nissan have probably lost many tens of millions of dollars (possibly very much more) in lost custom and damage to their brand...

Pretty obvious. Its not like members registered here 2 days ago.

The owner is probably terrified to even mention it's "purchasable".

Anyone to give it a try ?
k:

 

[PRED]

Too bad the supposed links to decisions in that article don't seem to work.

if you go to the story on okok.com
Here

if you scroll to bottom there is a link that says 'story source'. Here he has the actual pdf links so you can click and look into all the case details each time it went to court

k:

 

[Focus]

iPhone.com sold for a cool $37.5m. I was the original owner in, say, '95, and let it drop a year later.
Nissan.com should fetch North of $50 m

There is also a comparable story of Delta.com previously owned by a small company

dude you had iphone.com and let it drop?

:hug: :hug: :hug:

words can't help..only hugs :undecided:

 

[dn-101]

Focus,
you've got it wrong.
There are plenty of old guys in NYC who say things like:
If only I bought that building for $10G 40 years ago I'd be a rich man.

It ain't me. I don't give a flying fvck.

 

[getschoolhelp]

reminds me of the itunes.co.uk (or was it .com) trial with apple.


i mean come on.

 

[Dave Zan]

if you go to the story on okok.com
Here

if you scroll to bottom there is a link that says 'story source'. Here he has the actual pdf links so you can click and look into all the case details each time it went to court

k:

Yup, eventually read back at Mr. Nissan's site. It finally listed the application,
though it didn't state computers only.