Home > News > U.S. Justices Won’t Hear Domain Name Battle • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

U.S. Justices Won’t Hear Domain Name Battle

U.S. Justices Won’t Hear Domain Name Battle
Get XBIZ News
Apr 20, 2005 2:01 PM PDT    Text size: 
WASHINGTON — In a case of particular interest to webmasters, U.S. justices this week turned away a case filed by automaker Nissan Motor Co. over the domain names Nissan.com and Nissan.net.

The Japanese car giant had sued U.S. entrepreneur Uzi Nissan, who registered Nissan.com in 1994 for his computer hardware company, Nissan Computer. He also registered Nissan.net in 1996 for an Internet service provider he founded.

Nissan Motors sued him in 1999 for $10 million, claiming that the word Nissan is its registered trademark and that the company therefore has the exclusive right to use the name Nissan. The car giant also asked the court to transfer the domain names.

Uzi Nissan, an Israeli immigrant, rejected the car company’s allegations in the suit, arguing that Nissan is his family name and also the name of a month in Hebrew and Arabic.

Uzi Nissan also noted that Nissan Motors already owns and can use the domain name NissanMotors.com.

The case, decided without comment by U.S. justices, made its way to the 9th U.S. Circuit Court of Appeals, which decided that Nissan Motors’ claim was without merit.

The case first was considered in Los Angeles Superior Court, where a judge ruled that actions by Uzi Nissan didn’t act in bad faith — a factor weighed in federal anti-cybersquatting laws.

In November 2002, a Superior Court judge issued a permanent injunction, allowing Uzi Nissan to keep his domain names, but restricting the commercial advertising and anti-Nissan content that could be placed on the websites.

Uzi Nissan promptly appealed.

The 9th Circuit later ruled that Nissan Motors could not gain protection against any dilution of its trademark because Nissan Computer had made its first commercial use of the mark more than five years before Nissan’s trademark became famous in the United States. The court also said that Uzi Nissan can continue to link anti-Nissan websites.

On Monday, the U.S. Supreme Court dashed all possible hopes by Nissan Motors to appeal the domain-name case.

The case is Nissan Motor Co. vs. Nissan Computer Corp., No. 04-869.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

OPINIONS & VIEWS

Data Privacy Is Tightening Up in the E.U.

Have you begun preparing for GDPR? If you are like most, you haven’t even heard of GDPR, but also if you are like most, it is going to affect your business, starting May 25, 2018. The GDPR, or General... More »

Could Adult Content Be Banned?

Earlier this month, I met with the Free Speech Coalition’s board of directors for our annual review. Despite the headwinds our industry faces, politically and economically, we are, as an organization,... More »

Cutting Costs in the Spirit of Entrepreneurship

Adult website owners are comprised of two groups: One is comfortable giving up 30-50 percent of their site’s gross sales revenue (aka profit) in exchange for software, hosting and services despite... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida

XShow 18+ 2017

Jun 01 - Jun 03
Moscow, Russia

Cam Summit

Jun 02 - Jun 04
Lloret de Mar, Spain
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!