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Why Nissan.com Isn’t a Car Website

yalelawtech.org

81–90 of 91 posts

Re: Why Nissan.com Isn’t a Car Website

#81
post #37

Earlier quoted context omitted.

Hadn't heard about it until now. I've been around the web for, I dunno, two decades. Seems interesting enough.

Ok so great you missed it, maybe you were sick that week. But it was all over in the late 90s and early 00s, and there's no new developments and no new insight in this post.

It was all new to me!

Re: Why Nissan.com Isn’t a Car Website

#82
post #40

The article inexplicably fails to mention if Nissan [car company] ever simply offered up a large amount of money to transfer over the domain. It's pretty human nature to dig in when you are attacked.

It would be interesting to know how the process would go - if he just accepted an offer, then Nissan might take him to court saying he was squatting on the name. Or he might be OK if they approached him first. IANAL.

http://en.wikipedia.org/wiki/Cybersquatting

Re: Why Nissan.com Isn’t a Car Website

#83
post #77

Earlier quoted context omitted.

Why would one's status as an Arab depend on public statements about Israel?

If I understand badclient correctly, the (alleged) attitude of M. Nissan towards Arabs and Israël comes from his problems with M. Ghosn. I'm just saying that if it's the case, it make no sens.

Other way around. His attitude towards Ghosn/Nissan Motors comes from his problems with Arabs and his feelings on Israel.

Re: Why Nissan.com Isn’t a Car Website

#84
post #34

Wow. I think the source code belongs in The Daily WTF. Just look at this gem: People's Opinions   Page 1 Page 2 Page 3 (Snipped about 500 lines) page 503 page 504 page 505

True, but also keep in mind the site is still up with this spike in traffic. Must be Varnish, Nginx, CDN edge servers, sprites, gzip, pre-fetching and efficient CSS selectors.

I'm going to take that comment with me to the grave. Well done.

Re: Why Nissan.com Isn’t a Car Website

#85
post #3

Lost in this overview (and I couldn't really tell the point of the overview) are the probably 10 000 + people per year who go to this site by mistake. It's odd to me that Nissan didn't just offer him those 7 figures worth of legal fees and solve it (or maybe they did to no effect)

I'm sure that the same efforts and patience invested in negotiating with the man would have bought them the assets. Bully is bully dude got mad.

Who is the bully? Squatters are just taking advantage of their advantage of the internet to loot someone else's brand, similar to patent trolls. Two sides to every story.

Re: Why Nissan.com Isn’t a Car Website

#86
post #57

Earlier quoted context omitted.

It's quite strange to see Carlos Ghosn described as an Arab. As far as I know, he has never spoke publicly about Israël. https://en.wikipedia.org/wiki/Carlos_Ghosn

he is one third lebanese, a country bordering and in constant war with israel.

Hezbollah is in conflict with Israel.

Carlos Ghosn's background is Maronite Christian.

Re: Why Nissan.com Isn’t a Car Website

#87
post #64
post #60

Earlier quoted context omitted.

No, they need to pass the three-step test: * The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; * The registrant does not have any rights or legitimate interests in the domain name; and * The registrant registered the domain name and is using it in "bad faith". http://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Res...

Ah, right, so the decisive factor of the GP is not whether the guy is running a legitimate business, it's whether the guy is using the domain to mislead people into thinking he's Nissan cars. So, for example, a personal site with a few family photos of someone called Nissan, or whose nickname is Nissan, or who just liked the word, would not be infringing, so they couldn't take it away, correct?

Correct. They couldn't take it away, but (like Nissan Motors tried) they could make it financially difficult for you to keep it.

Now, if Mr. Nissan started doing something like setting up a car forum and reviews on his site, he would get into very dangerous territory.

Right now (at least for me) nissan.com has an advertisement for an insurance agency that sells car insurance. I would say that is about as close as Mr. Nissan can come to blurring the line to car.

Re: Why Nissan.com Isn’t a Car Website

#88
post #64
post #60

Earlier quoted context omitted.

No, they need to pass the three-step test: * The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; * The registrant does not have any rights or legitimate interests in the domain name; and * The registrant registered the domain name and is using it in "bad faith". http://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Res...

Ah, right, so the decisive factor of the GP is not whether the guy is running a legitimate business, it's whether the guy is using the domain to mislead people into thinking he's Nissan cars. So, for example, a personal site with a few family photos of someone called Nissan, or whose nickname is Nissan, or who just liked the word, would not be infringing, so they couldn't take it away, correct?

> So, for example, a personal site with a few family photos of someone called Nissan, or whose nickname is Nissan, or who just liked the word, would not be infringing, so they couldn't take it away, correct?

They could if they could convince the UDRP panel that the "personal site with a few family photos" is just a sham and the the domain holder's true intention is to extort as much money as possible from Nissan.

Re: Why Nissan.com Isn’t a Car Website

#90
Nissan Motor Co., Ltd. was founded in 1934. See http://en.wikipedia.org/wiki/Nissan_Motor_Company#Nissan_Mot... And the word "Nissan" was used before that as a stock market abbreviation in Japan. The name Nissan, however, was probably not well-known outside of Japan. Mr. Nissan had probably never heard of the company. He was first to register the domain name, and presumably Nissan "the company" had the same opportunity at the time. But it is disturbing to read comments such as this on a page (http://www.digest.com/people/page_1.shtml) linked to from his home page:

"Mr. Nissan,

I congratulate you, and thank you, for your perseverance in standing up for what is honorable and legitimate, for each of us and our children. NMC's attempt to leverage their size and importance (as it is the Asian way), will not be tolerated. I will post your information for everyone I know to read and boycott their products."

Boycott! Wow.

After reading several such posts, I wonder if the posters realize that Nissan has factories in the U.S.

Someday, I speculate that the current nissan.com will be subject to a cyber attack in a case of mistaken (or "mistaken") identity. What goes around, comes around.

So, while Mr. Nissan has the rights of "first dibs," he should realize that real damage is being done, and that he is fanning flames that do not speak to the "better angels of our nature."

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