C1. Nissan.com
1. Nissan Motor Company is concerned about the use of the domain names Nissan.com and Nissan.net because they do not want potential customers to miss finding their site. They feel the name Nissan is associated with their company, that they could lose sales by having a domain name other than nissan.com or nissan.net. However I do not feel that a $10 million dollar judgment is justified. Even if customers will not find Nissan immediately upon using the above domain names, they can use Google or Bing to find the domain name. At this stage of internet use, I think that most users would attempt to find Nissan Motor Company using a search engine.
2. Uzi Nissan feels he should be allowed to use his family name as a domain name. He purchased the name nissan.com in 1994 and nissan.net in 1996. The name Nissan is a common surname in the Middle East. It is apparent that Mr. Nissan is acting in good faith. He is not attempting to cybersquat, which is evident by his not attempting to sell the domains to Nissan Motor Company. As per the information posted on both domain names, while Mr. Uzi did open Nissan Foreign Car in 1980, Nissan Motor Company was operating under the name ‘Datsun’.
3. Nissan Motor Company feels that Nissan Computer’s use of Nissan.com and Nissan.net will confuse the consumer. They argue that when people hear the name ‘Nissan’, they think Nissan cars and trucks. They legally offered a generous amount of money to Nissan Computer to purchase the above domain names. In 2003, the court has ordered Nissan Computer not to use the two domain names commercial purposes, but it appears that Nissan