NUMBER ONE
Yes, I believe that Nissan Motor will be loss opportunity to get sales from the online website about $10 Million, or more. Because, with the Nissan.com domain owned by Nissan computer, there is possibility to customers confusing and cancel their intention to buy Nissan Motor products. So Nissan Motor sued can be understood. Another reason is The Nissan mark was first registered by plaintiff Nissan Motor Co. in 1959, and has been used continuously since. The mark has become incontestable and therefore immune from attack on certain grounds. Accordingly, the fact I found that the plaintiffs have a valid, protect able trademark interest in the “Nissan” mark. Here, the plaintiffs submit evidence that the Nissan mark has been in continuous use in the automobile industry since 1959. The plaintiffs have also extensively promoted the mark, spending about $400 million on advertising and promotions in the United States in 1999. The plaintiffs also submit evidence of strong consumer recognition of the mark. A 1988 newspaper article listed Nissan as one of the top 200 consumer-identified brands in the United States. Moreover, a recent survey shows that 92% of consumers would expect to find a car company at the nissan.com and nissan.net websites. Based on this evidence, i found that the Nissan mark has secondary meaning and should be treated as a strong mark. (additional source: http://itlaw.wikia.com/wiki/Nissan_Motor_v._Nissan_Computer )
NUMBER TWO
Uzi Nizan ethics position in my opinion is Nissan Motor's intention to make this case as expensive as possible for me was evident from the beginning. Undoubtedly, the notion that his company might be forced into bankruptcy rather than fight for my name, given the great expense, must have been a consideration. As if the financial burden incurred by Uzzi and Nissan Computers was not enough, Nissan Motor filed a lawsuit against the Internet Center, Inc., a corporation with three shareholders, in which Uzzi had the majority shareholder. The Internet Center, Inc. did not and does not utilize the word "NISSAN" in any way. So, I think Uzzi had to against Nissan's the appeal. Because he wasn't wrong,or did illegal action as Nissan Motor sued to them.
NUMBER THREE
Nissan Motor’s ethics position in my opinion Nissan Motor probably choose to leave to amend its answer to assert counterclaims based on state law for interference with prospective economic advantage, unfair competition/unfair trade practices, constructive trust, accounting, violation of right of publicity in name, and false advertising. These proposed counterclaims were all based on allegations that Nissan Motor purchased "nissan" and "nissan.com" as Internet search terms from various search-engine operators which, when entered into the search engines, took the user to plaintiff's websites instead of defendant's "nissan.com" website.
NUMBER FOUR
In case of Nissan Motor vs Nissan Computer, i can’t blame Nissan computer doing illegal way. Because according to the case, Nissan computer is the first one to take and buy the domain he use by Uzi Nissan of his last name for several business enterprises since 1980, his use beginning in 1991 of “Nissan” as part of the name of a North Carolina computer store he owned Nissan Computer Corp and his registration in1994 of “nissan.com” as a domain name and website for advertising various products . A Nissan Computer’s use of nissan.com to sell non automobile-related goods does not infringe because Nissan is a last name, a month in the Hebrew and Arabic calendars, a name used by many companies too. In other words he is the first one who bought the domain. And he allowed and deserves to use it. So, actually I think the decision which more given advantages to the Nissan Computer is right and fair.
NOTE : (additional source: http://itlaw.wikia.com/wiki/Nissan_Motor_v._Nissan_Computer )
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