Maybe NISSAN fights for domain names a little too much

May 11, 2002 6:58 PM

Maybe NISSAN fights for domain names a little too much If your surname is used by some big company, you may want to read this. And if you have a company which uses your surname , even if properly registerd, you must read this. And if all of above is true and your have a website read the link or welcome to the world of "sue em till they are out of money and die"
posted by elpapacito (18 comments total)

If your surname is used by some big company, you may want to read this.

Ummm....too late
posted by jonmc at 7:06 PM on May 11, 2002

Definitely too late
posted by scottymac at 7:22 PM on May 11, 2002

Too late
posted by dydecker at 7:27 PM on May 11, 2002

Golly, McNally, McAfee, and McDonald all snapped up by the big corporate interests? So much for the luck of the Irish...
posted by jonmc at 7:32 PM on May 11, 2002

Whoa I hope you were having a good time when you missed the internet thing :D
posted by elpapacito at 7:47 PM on May 11, 2002

too late for me too.
posted by junkbox at 7:50 PM on May 11, 2002

So what is a (relatively) small company supposed to do in this kind of situation?

Do you bow out, change your company's name amd web address, and let Big Evil win? Do you fight to the death (and almost surely lose)? Do you hope the media will somehow save you? Do you go to Big Evil's HQ and demand to talk to the guy in charge, to try and reason with him? It seems there's no way to convince the big companies to play nice, so what's the best strategy for a little guy?
posted by katieinshoes at 8:20 PM on May 11, 2002

Yeah, like I ever had a chance. Fortunately, they haven't come after my domain yet.
posted by dchase at 9:18 PM on May 11, 2002

You know, I wouldn't even want to be assosiated with this domain. They spell worse than Dan Quayle.
"You say Topmato, I say Potatoe." ;-)
posted by JohnBigBoots at 10:07 PM on May 11, 2002

Becuase I can't spell either -- "assosiated"?
posted by JohnBigBoots at 10:12 PM on May 11, 2002

katieinshoes - It is nearly impossible for a little guy to prevail against a determined opponent, regardless of the merits of the case. I was the victim of a reverse domain hijacking and I got damn lucky. The other guys roughed me up a bit, but ultimately didn't want to pony up the funds that it would take to launch a full court battle. (We were successful in moving the venue from their local courthouse in California to my home state.)

The only thing the little guy (or gal) has going for him (or her) is the cost to a company's goodwill from pursuing a reverse domain hijacking. The best thing you can hope for is that the company realizes that's a real cost, and is willing to negotiate a settlement of some value. (But then that becomes tricky, because if it appears you are initiating arbitrage, then you may be subject to cybersquatting claims.)

The fact that the little guy (or gal) is in the right is of little consequence. Justice is very expensive in the United States of America. I've exchanged email with Mr. Nissan. He's in a tough situation. I offer my support and wish him the best.
posted by chipr at 10:21 PM on May 11, 2002

i think i should say something here. about a year ago, i purchased a .com domain (not my weblogging domain), and some person had purchased the same domain but with .net. the battle was petty, as their only complaint was i was stealing from them. good thing we were just a couple of idiots on the web with nothing better to do with our time.
posted by Kafei at 11:53 PM on May 11, 2002

Mine too. But it's not who you think...

Besides, I always thought it was much more creative to make up your own domain combo than rely on your ancestors or a guard at Ellis Island.
posted by Taken Outtacontext at 6:51 AM on May 12, 2002

The one gathering even more momentum is the Miller family who registered MillerTime.com in 1995 and used it as a "repository for information about [their] family's activities ever since". Unlike Nissan, it's not even a for-profit site.
posted by aaronchristy at 8:58 AM on May 12, 2002

... discussed here Thursday (and for-profit use is part of the complaint).
posted by dhartung at 10:09 AM on May 12, 2002

alas, too late.
posted by PugAchev at 5:53 PM on May 12, 2002

Now if I were smart...
posted by Neale at 8:33 PM on May 12, 2002

Considering my last name is dreadfully unpopular, I managed to snag Burgheimer.com for my family.

Still not sure what to do with it, though, other than get some custom e-mail addresses for the folks...
posted by Down10 at 12:34 AM on May 13, 2002