Nissan Motor Co. v Nissan Computer Corp.

842 Words2 Pages

Question 1 Nissan Motor Co. would be concerned about the use of the two domain names being used by Nissan Computer Corp for several reasons. Firstly, as the Web has become a major marketing tool, customers and potential customers of Nissan Motor Co. might have difficulties finding their information due to the two domain names currently owned by Nissan Computer Corp. Ultimately this could result in the company losing profits if customers are not able to access their website. Another concern would be in regards to the names of the companies and possible confusion of these names by customers. Evidently, persons could presume that there is a connection between these two companies especially taking into consideration the fact that Nissan Motor Co. started marketing cars in the US with the name Nissan in the late 1980s. Following this, in 1991, Nissan Computer Corp was formed with two domains names being acquired Nissan.com and Nissan.net in 1994 and 1996 respectively. A monetary judgment of $10 million did not seem justifiable to me because I do not believe that Uzi Nissan should be punished as he registered his domain names first. However, after careful analysis, I realized that Uzi Nissan erred when he did not respond to the letter sent by the Lawyer representing Nissan Motor Co. A demand letter usually signifies the beginning of a lawsuit. This softball demand letter was not taken seriously by Uzi Nissan maybe due to its laidback nature. However, this would have cause Nissan Motor Co. money in regards to the legal and processing fees which are likely to increase dramatically in a lawsuit, (Smith&Hopen). Question 2 The standards of ethics serve as guidelines for the conduct of individuals and businesses alike. Uzi Nissan acted h... ... middle of paper ... ...san Motor Co. Finally, by not ordering the transfer of the domain names from Nissan Computer to Nissan Motor Co. the courts action was fair to both parties and the general public. Nissan Motor Co. had enough time to register their domain name; therefore they had no legal or ethical rights to acquire the domain names from Nissan Computer. Overall the courts acted in good faith to both parties and the society as a whole. References LegalMatch. (2012, August 5). What is Intellectual Property? Retrieved November 19, 2013, from http://www.legalmatch.com/law-library/article/intellectual-property-law.html Schneider, G. (2013). E-Business (10th ed.). Canada: Nelson Education. Smith&Hopen. (n.d.). The mechanics of ethical and effective cease and desist letters. Retrieved November 19, 2013, from http://www.smithhopen.com/litigation_cease_and_desist_letter_strategies.aspx

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