Nissan Computer Corporation Case Summary

With respect to the rights of both parties, including the Anticybersquatting Consumer Protection Act (ACPA) and Uzi Nissan having purchased the rights to the domain names in a timely manner and without hindrance at the time of purchase, the court’s rulings were generally fair. Because of the ACPA, Nissan Motor Company (NMC) had a valid case against Nissan Computer Corp. (NCC). Due to timely purchasing of domains reflecting a family name, Uzi Nissan deserved to win the case. However, I believe it was unfair to say that Mr. Nissan was unable to use the domain for business transactions. Our entire society has an unspoken, unwritten rule about purchasing products on a first-come-first-served basis. Because of this, you will see phrases in advertisements such as, “While Supplies Last.” If a consumer desires to purchase a specific product or service, they need to act on that and make the transaction or they may lose out on available product and/or service time availability, such as scheduled install and delivery. Such is the case with NCC purchasing the domain names nissan.com and nissan.net. NCC purchased the …show more content…
The courts found that NCC was not desiring to harm the business practices of NMC, and the purchase of the domain names were legit, were properly differentiated, and adhered to the APCA. Therefore, the most fair ruling should have been to allow Uzi Nissan to use his domains without restraint, but to place a general statement on the site allowing unknowing consumers to quickly see that the NMC can be found at a different site. To maintain a fair ruling, NCC would not need to share a link or even mention the proper site, as that would not be his duty to maintain proper links, but that a note of another company of the same, or similar, name can be found at a different address