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Paper Topic:

e-commerce

Nissan

1 . The U .S . Court system is finding that the law needs to catch up with technology . Such is the case for Nissan Motors . When the Internet gained popularity , domain names were registered without concern as to ownership of the actual names . Individuals who looked up companies by domain names would find a different company than the one they were expecting . Nissan Motors was concerned about the use of the Nissan name by Nissan Computers because 1 ) their customers would be going to the website to find automobile information , which would

give Nissan Computers an unfair advantage 2 ) as a longer-established , more well-known company , Nissan Motors felt entitled to use the name over a smaller , lesser-known company

Nissan Motors should have registered the name as soon as it became possible to do so . The fact that Nissan Motors is a large company and Nissan Computers is a small company does not give Nissan Motors the right to the name . Nissan Motors is not entitled to a monetary reward of any amount . Nissan Computers had every right to use the Nissan name , as it is the owner 's given name . The 10 million in damages is completely without basis : Nissan Computers is using the name in good faith and for a specific purpose . On the other hand , Nissan Computers has the grounds to sue Nissan Motors for defamation . Nissan Motors sued under the Anti Cybersquatter Act , but Nissan Computers does not meet the criteria for a cybersquatter . In to meet the criteria , they must be using the name for the purpose of extracting payment . On the contrary , Nissan Computer will not sell the domain name at any price . They should counter sue for 10 million

2 . Uzi Nissan 's ethical position is this : 1 ) they are entitled to use the name on the basis that Nissan is the owner 's family name 2 ) Nissan Motors , like many other well-known companies , should have registered the name when it became available 3 ) the two companies will not be mistaken for each other . Uzi Nissan is entitled to use the domain name because it is the owner 's given name . His goal in using the name is not to misdirect Nissan Motors customers to his site , but to direct potential Nissan Computer customers to his site . If this were a trademark issue and Uzi Nissan registered the name first (while Nissan Motors was still using Datsun , they would be entitled to use it without question . Domain names on the Internet should follow the same rule . Finally , Nissan Motors and Nissan Computers will not be mistaken for each other . When a visitor arrives at Nissan .com or Nissan .net , the words Nissan Computer Corp ' appears in bold at the top of the page . A Nissan Motors customer would instantly close the page and look for the website using a search engine . Ethically , Uzi Nissan has done nothing wrong and has followed all of the correct procedures in establishing the domain name

3 . Nissan...

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