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Nissan loses battle for Nissan.com – but could win the war


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.

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