Topic > Nissan Motor Co. v. Nissan Computer Corp. - 842

Question 1Nissan Motor Co. would be concerned about the use of the two domain names used by Nissan Computer Corp for several reasons. First, as the Web has become an important marketing tool, customers and potential customers of Nissan Motor Co. may have difficulty finding their information due to the two domain names currently owned by Nissan Computer Corp. Ultimately , this could result in lost profits for the company if customers are unable to access their website. Another concern would be company names and possible confusion of these names by customers. Evidently one might assume that there is a connection between these two companies, especially considering the fact that Nissan Motor Co. began marketing automobiles in the United States under the Nissan name in the late 1980s. Subsequently, in 1991, Nissan Computer Corp was formed with the acquisition of two domain names Nissan.com and Nissan.net in 1994 and 1996 respectively. A monetary judgment of 10 million dollars did not seem justifiable to me because I do not believe that Uzi Nissan should be punished since he registered his domain names first. However, after careful analysis, I realized that Uzi Nissan made a mistake by not responding to the letter sent by the lawyer representing Nissan Motor Co. A demand letter usually means the start of a lawsuit. This softball request letter was not taken seriously by Uzi Nissan, perhaps due to its laid-back nature. However, this would have caused Nissan Motor Co. money in terms of legal and processing fees that would likely increase significantly in a lawsuit (Smith&Hopen). Question 2Ethical standards serve as guidelines for the conduct of individuals and companies. Uzi Nissan acted h...... middle of paper ......san Motor Co. Finally, by not ordering the transfer of domain names from Nissan Computer to Nissan Motor Co. the court's action was right for both parties and the general public. Nissan Motor Co. had enough time to register its domain name; therefore they had no legal or ethical right to acquire the domain names from Nissan Computer. Overall the courts acted in good faith towards both parties and society as a whole.ReferencesLegalMatch. (2012, August 5). What is intellectual property? Retrieved November 19, 2013, from http://www.legalmatch.com/law-library/article/intellectual-property-law.htmlSchneider, 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