Frank Fontaine

the story

the case

Life s**** when the big guns have your number....

mrb23

i think nissan dude is just trying to extort money from the company, and the company obviously wants to fight or isn't offering enough. Nissan should just give in and give him money for the name.

Y2K2Driver

iTrader: (1)

I can understand that he may want to keep the domain since he registered it first, but common sense dictates that Nissan Motor Corp have the domain. How many times have you tried to go to see Nissan cars and typed in Nissan and ended up at this computer site? I know I've done it once or twice before. In this business it shouldn't matter who registered first, but which is more commonly recognized by the public. Its clear the car company is the more recognized. I think this guy is being a little stubborn and some aspects of current predicament are of his own doing, he did admit to ignoring a letter form Nissan's legal department. He justifies this by saying they never contacted him again regarding the matter, well, except for further legal action. No offense, but that was stupid. In addition, Nissan did offer to pay for the domain, and he declined. I think Nissan has done everything in their power to handle this with kid gloves, but this guy keeps acting stubborn. I think Nissan has every right to sue. Like I said before, common sense dictates that Nissan Motor Corp. have the domain, I don't understand why he can't just sell it. Everyone makes out then.

joaquink

Ya know, I followed this for a while quite a long time ago. My take is that Uzi should let Nissan North America have www.nissan.com and he should use www.nissancomputers.com or similar. This way, I'd think everyone gets what they want. If was looking for Uzi Nissan's computer supply shop, I'd naturally consider typing in www.nissancomputers.com. He'd still get to use his name in the title of his business and his Website, which seem to be his common complaints.

phenryiv1

iTrader: (19)

I was under the impression that the courts would allow a business to "take" a domain name from a user who had registered it, if that name was clearly linked to the reputation of the business. I know that you can no longer register domain names with the specific intent of selling them at a profit.

In this case, Uzi Nissan is in better shape because he can make a legitimate claim to the name, given that he has a business under a similar name. At this point, it looks like his holdout is more like a stunt to get more traffic on HIS site while the case is being litigated. In the end, he will prob land 7 figures, lifetime fees coverage for the domain name of his choice, and give nissan the name. Has anyone registered www.nissancomputers.com? If I worked for nissan, I would have a guy in their IT section register that name, just to have bargaining leverage and to facilitate the trade.

Maybe the org can register it and sell it...

Frank Fontaine

Frank Fontaine

here's the injunction

Yeah, Uzi is an ***. At first it looked like a Davey vs. Goliath case where you root for the underdog, but when I saw that he was actually benefiting from people reaching his site in error, he made his greed known. Reminds me of Stu Leonard Sr., Crazy Eddie, Uncle Steve. Very shady indeed.

JeffCatt

Maybe Nissan(The company silly!) is just Evil.
Why did Nissan change their name from Datsun anyway?

Frank Fontaine

Well, when it comes to $, people tend to lose their innocence, and this case is probably no exception. I'm sure Nissan offered some coyne to Uzimahn, possibly not enough to cover his legal fees but something, and looks like he didn't take it. You really never want to take it to court because the days of Row v Wade are over. The cases tend to be very silly like you say so everybody is better off settling.

But it's one of those things--say I wanted to build a new mall and I bought all the property to do so except yours. Your house is worth $400,000 and I offer you a mil, but you want 4 mil. The courts will not look favorably upon you and they may provide an injunction. Kinda like this--say you're trying to leave the mall at XMAS time, but some stubborn dude wont let you get in and your car blocks the grid. that action harms everyone that you consequently end up blocking, right or wrong. So nissan.com is wasted as is the time of everyone who reaches the site in error! Thanks Uzi, poor you!

clee130

In my opinion:

Nissan the car company doesn't have a right to the nissan.com and nissan.net domain names.

Nissan the guy had originally registered the domain name not to squat on it to get as much money from the Nissan company, but as a domain name for his business.

I don't see what's wrong with him making money from him getting more business because people reached his site in error. He's not selling cars. Once people see that it's not a car site, they either leave and try to find Nissan Motor's site or they stay and look around. It's not his fault people are stupid. Hey ... it's the American way to make money off stupid people!

Although I agree with joaquink and think that he should sell it and registered a different name. But at this point, if he does, he would be called a squatter and was trying to milk Nissan Motors.

Frank Fontaine

I loved movies like Norma Rae, Hoffa, Herbie the Love Bug, etc. And I live in a town where you could probably count the liberals on your hands and feet. Lucky no bricks through the window yet!

The courts generally prefer that parties settle on their own, but when they cannot or refuse, they step in with an injunction. Ask this question, if nissan.com cannot be used for commercial use, why does Uzimahn not have any useful info there now? Doesn't he have anything of a positive value that he can put on the site? If not, why not give it up so somebody can do something good with it, namely the Shift Motor Corp? My guess is that he blew it, and is not willing to give up the name for anything now (in human terms that's called spite, as in biting off one's nose to ***** one's face). I doubt his lawyer was pro-bono so it wouldn't surprise me if his legal fees will bankrupt his co. or himself.

What now? Give it up and take 1/2 of what Nissan was originally willing to offer, to defray legal fees.

Y2KMaxGXE-R

iTrader: (4)

Nissan Motor was the first one to file a suit. That Nissan computer guy had to defend himself by filing a counterclaim, in order to recuperate his legal costs. He said that his countrclaims, however, were rejected. Even him knowing that Datsun Motor Co. changed its name to Nissan Motor does not mean he had to change the name of his company. Here, Nissan Motor Co. shows the corporate greed by trying to eliminate anything that stands on their way, so they took on a little guy from North Carolina. BMW is using BMWusa.com, so Nissan Motor can use something other than nissan.com as well. Hell, if they wanted it so much, they could have registered the domain before that computer guy did.

This is strictly business, Uzi Nissan got the domain first, and if Nissan Motor wants it, they just have to buy it from him.

clee130

BMW has BMW.com also. It just leads to their corporate website and it's a portal to international sites - including BMWusa.com

Frank Fontaine

At what price? 1 million? 2 million? 215 million? A billion? Whatever Uzimahn wants?

I'm sure if you were friends with the dude you'd probably tell him way to go, you beat the mighty Nissan Motor Corp. But when his house is forclosed upon your g/f would probably say why didn't he take the $? It's like the expression, dead right. You're right, but you're dead! I can tell you legal fees are pretty steep when you get sued, because as the defendant it's usually not on a contingency like when you are a slip and fall plaintiff. Sometimes a person shoulda useah his head...

phenryiv1

iTrader: (19)

I DO have to agree with the notion that nissan was makig this a huge specticle and racking up legal fees in both directions. No matter what, I would support a court order requiring Nissan corp to cover ALL of uzi's legal fees- regardless of how much they pay for the domain name. I guess this is a case where he registered the name before all of the new "rules" regarding domain name registration were put into place, and it cannot be applied ex post facto, so nissan really should have to pony up some compensation- BUT it should have to be reasonable compensation. Just like you said above, he could ask for a LOT of money, but he really does not have a legitimate claim to all that much. In terms of actuals, he is probably AHEAD on his business balance sheets due to the publicity (though attorney's fees are obviously killing him). He has a long road to prove future damages. And how can you assess the IP value of a domain name? This is obviously complex. I admit that I have been too busy to read everything, but if I were the judge, I think I would try to limit disciovery to keep the costs down. As much as I thin kthat nissan corp deserves the domain name, I hate seeing big business come after the little guy.

Have there been public announcememts regarding what nissan corp offered uzi for the domain name?

phenryiv1

iTrader: (19)

THE CASE IS IN THE 9TH CIRCUIT- THE COURT IS CITING 9TH CIRCUIT CASES! NO WONDER the little man is getting rear-ended.

Y2KMaxGXE-R

iTrader: (4)

How much exactly Uzi wants to charge the Nissan Motor for domain? You guys dont underestimate the value, because it can be worth a lot to Nissan if they are going after it. It is really up to the owner to determine the amount, this is a free market. If the amount is not reasonable then the Judge would've stepped in and appointed independent appraisers that would recommend a reasonable price..and the judge would've OK'd the sale. There is something more than that.

phenryiv1

iTrader: (19)

The only amount stated is "several million dollars."

Kojiro_FtT

Nissan was obviously more famous in 1994, and in 1991. Uzi is totally benefitting from mistaken traffic, cuz even I went there when I first started shopping for cars! I typed in nissan.com and got this gay site of his (it was so very lame, trust me). A quick google found the correct site, but the point is he is getting hits and thus money from ad banners. Down with Uzi. Bleed him down, Nissan Motors!

† ErV †

well i went to his site when i first went to look at nissan vehicles. and boy was it a bad site. for someone who has a business he could have hired the kid next door and gotten something presentable on.

this aside, nissan doesn't want to pay for something that is rather valuable to them as a company. such as with microsoft and the various windows*.** domains. a huge company has a fleet of permanent lawyers that they can use in such cases. it makes sense to send the full time lawyers to ****** the domain through whatever loopholes they could and not pay a cent to the other party. if the other party ends up bankrupt because of legal fees all the better.

in a matter of personal opinion, Uzi could have handled this in a much better way. Perhaps if he had asked for a compensation of 500000 nissan would have payed up but whenever you ask for millions, well, you sign your own death contract. If he didn't try to make this a 'people vs nissan motor' type of proceeding he could have gotten quite a profit, much more than what seems he is making anyway from his business.

and whether somebody has to hand over domains to companies, that's total corporate crap, however, it cannot be ignored. i am against it but like, be smart and get what you can before being sued into submission.

thnikkamax

iTrader: (2)

Unfortunately Uzi stepped into a big pile of shift_ and the shift_ is coming back after him...

Frank Fontaine

Reminds me of an old Taxi episode where that burnout Jim burned down Louie's apt. So his rich dad was willing to pay. Louie was trying to decide how much money to ask for, and he would come up with a number, and then say no, too much. Finally he asked for 27 grand or something and the whole cast waited for Jim's dad's answer. Jim was on the phone and told them his father was relieved, he was worried about several hundred thousand! Uzi did the opposite with his scenario and probably has to take out a loan to pay his legal expenses. Not too bright nor is his counsel imho.

Street Reeper

This sounds like another story I heard. On 20/20 they talked about a publicist who wrote music reviews for the washington post. His name was the same as one of the band members in the Rolling Stones. The Rolling Stones agent was trying to sue the publicist for using his own name. They claimed that using that name in a music review was perpetuating the idea that the article was written by the band member in the Rolling Stones. I believe the case is still pending (Sorry to be so vague this was on over thanksgiving.)

I think it's dumb to sue someone for using their name just because it may be recognized as being affiliated with a more famous corporation, but suing for the web address that will be seen interantionally is another matter. However if I saw Nissan computers I would think it affiliated with the motor corp, just like BMW motorcylces, or Honda's various products. But the name was registered and it is his last name so some middle ground should be sought.

But it does make you wonder why he registered both Nissan.com and Nissan.net, if even the .com sight was not really an up and running web sight. From this I would think that he is trying to extort Nissan for some money.

Basically what I would need to know is this. Does his business do transactions on an international level? Because if he is just a local North Carolina business, why try to corner websights that will be sought after internationally. If he is just a local business then obviously he has registered both names to get hits across the globe that he would not have exposure to other wise. But if he is involved in interantional trade then I can see where he would have claim to the domain name. This is a tough issue, but both sides should compromise in some sort of way. I think that nissancomputers.com would be fine, obviously most people who think of the name nissan arn't thinking computers.

If I were the judge I would say that using nissan. anything is off limits since both sides can not come to a compromise, nissancomputers.com and nissanmotors.com are acceptable. For Uzi who had registered the name, he would contact all his businees partners and let them know of the change, then let his company's reputation decide if people will visit his web sight rather than using a web address that would be mistaken for somthing else. Nissan Motors would pay the legal fee's since they are the ones who feel infringed upon.

Have any of you sent in reply's to him?

clee130

"hEy UzI, Maaan, sToP tRyiNg To F|_|K NissAn, mAn! NisSAns ArE ThE gReATeSt CaRs oN Da EarTH mAn!

mAxiMaS RuLe yO AzZZ!"

meccanoble

iTrader: (22)

ugh, too much to read...