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I disagree & believe it does. Where is he advertising the business on that web site? I see it mentioned in the header but that's not even a link. Instead he'
by nathanstitt 14y ago
I disagree & believe it does.
Where is he advertising the business on that web site? I see it mentioned in the header but that's not even a link. Instead he's running adds for insurance on it.
In my mind it comes down to what visitors of the website expect to see. I believe that the only possible expectation for someone visiting nissan.com is to see Nissan Motors. (At least in North America, I'm aware that Nissan is a popular name etc)
I'm not saying that he's even a bad guy here. If I was in his shoes I'm sure I'd feel exactly the same, he had the name first, even before Nissan Motors existed. But, times change. Leaving aside the legal questions, I believe that there would be less confusion caused if nissan.com pointed to Nissan Motors, therefore it would be in this case a social good thing to have it be so.
- nwienert 14y agoThat's a personal opinion (and you're entitled to it) but the fact is he has a legitimate claim to the name and that's all he needs. If Nissan Motors wants it badly enough, they will convince him with money. Until then, I (and the law) fully support his right to the domain.
- nathanstitt 14y agoI agree it's not a legal issue. The law is pretty firmly on his side, as it should be. I believe that things of this nature are too fuzzy to be encoded in law, it's more of a "I know it when I see it" type of thing that reasonable people can have differing opinions on. However, a really stupid part of domain law is that Nissan Motor's can't convince him with money. If he had offered to sell to Nissan Motors or attempted to negotiate a price in response to an offer by them, that could be considered evidence of squatting and he could have lost the domain in court. http://en.wikipedia.org/wiki/Anticybersquatting_Consumer_Protection_Act http://en.wikipedia.org/wiki/Anticybersquatting_Consumer_Pro...