Japanese car maker Nissan Motor Co. has lost a court battle for
the domain names nissan.com and nissan.net which are owned by an
individual called Uzi Nissan, a North Carolina resident who
registered the names in 1994 and 1996 in connection with his
computer sales and services business. However, a subsequent trial
could case the names to be transferred.
The motoring giant brought its action against Uzi Nissan in the
US courts in 1999, attempting to rely on the country's
anti-cybersquatting legislation. However, the district court judge
ruled that bad faith could not be proved on the part of Uzi Nissan,
a requirement of the law.
While Nissan Motor Co. lost this argument, a jury trial
scheduled for March will give it an opportunity to argue that Uzi
Nissan is diluting the company's trade marks. The company also
claims that he was unfairly profiting from its brand recognition.
If Uzi Nissan loses that battle, the car giant could win damages –
and transfer of the domain names.
