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Saga of Nissan.com

Advice, Legal News, Domain Industry News 2 Comments »

The saga of the domain name Nissan.com is fascinating. For years, Uzi Nissan and the automaker Nissan have fought several court battles for Nissan.com. In December of 2002, a court ruled that Uzi keeps the name but he cannot use the domain name for the following purposes:

“1. Posting Commercial content at nissan.com and nissan.net;
2. Posting advertising or permitting advertising to be posted by third parties at
nissan.com and nissan.net;
3. Posting disparaging remarks or negative commentary regarding Nissan Motor
Co., Ltd. or Nissan North America, Inc. at nissan.com and nissan.net;
4. Placing, on nissan.com or nissan.net, links to other websites containing
commercial content, including advertising; and
5. Placing, on nissan.com or nissan.net, links to other websites containing
disparaging remarks or negative commentary regarding Nissan Motor Co., Ltd.
or Nissan North America.”
Source: Nissan.com website

These restrictions essentially prevent Uzi from generating revenue from Nissan.com, causing him to solicit financial support to fend of Nissan in future legal battles. Basically for Uzi, owning Nissan.com is like owning a giant piece of land right next to an active diamond mine, but not being permitted to mine for diamonds. If he would want to sell this piece of real estate, he could potentially open himself up to a UDRP case.

The end goal of most domain investors is to sell their domain names to end users. I can’t think of a better end user for Nissan.com than the automaker. In my opinion, instead of Uzi’s public fight where he is forced to ask for donations to continue to stave off the far wealthier automaker, Uzi should have someone reach out to Nissan on his behalf and sell the name for a hefty sum. He might give up the rights to his domain name, but at this point, the name is worth FAR more to the automaker. This has become a battle of principles, and I believe Uzi might be smart to sell the domain name.

Instead of having to ask for donations, he will be able to give tzedekah and represent his family name and heritage in other ways.

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AC/DC Acquires ACDC.com Legitimately

Buying Domain Names, Domain Industry News 1 Comment »

AC/DC wins back website from porn business

According to this news article, AC/DC now owns the domain name ACDC.com. Although the article’s title led me to believe that this was a WIPO decision (”wins” rather than “buys”), it appears they acquired it the old-fashioned way - paying for it. From the article:

“For years the domain name acdc.com was held by a porn site with metal fans perhaps getting more than they bargained for every time they clicked.

But after years of wry tolerance the band’s management in New York has finished negotiations to reclaim the name and launch the brand at its rightful place online.” – Source: News.Com.Au

This really was a smart move by the band’s management team. Considering the amount of traffic the domain name probably receives, the price was clearly significant. The band could have easily tried to take the name in an underhanded way, via WIPO filing, but they opted to go about it the more legitimate way. Had they filed a WIPO, it would have cost the owners quite a bit of money to defend the name, and it might have irritated them enough not to consider selling it had a decision gone in their favor.

Kudos to AC/DC and their management for realizing the importance of ACDC.com, and for buying the domain name that is of highest value to them.

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