*city*nissan.com

[xr3dpill]

I just took over a position at *city* Nissan, let's call it Greenville Nissan. It is located in Greenville, and the name of the dealership is "Greenville Nissan". I have been informed that the domain name GreenvilleNissan.com is already taken, so our site is "GreenvilleNissanOnline.com". I can not get GoDaddy to release the information on the registrant. The domain name was registered less than a week before we filed our DBA (doing business as) which seems shady. Can I win this case even though they technically registered it a week before we filed the business name? Also, the buyer has contacted us and asked for $5,000. Thanks.

 

[Theo]

Looks like an inside job.

 

[draggar]

Three choices:

1) Pay the $5,000
2) File a WIPO case and use the contact (especially if it was in writing) as a sign of bad faith.
3) Have an attorney send them a letter stating that it is in violation of WIPO and you insist that they transfer it over to you.

Looks like an inside job.

I'd say 80% chance of that, 15% chance that someone who works for the government entity who took the file, 5% chance luck on the registrant's part.

 

[Yusio]

Why would you file for a doing business as before you had the domain? That's just plain stupid imo.

Won't let me edit my post?... but nice 110% draggar

Nevermind i failed... it is i who can't count..

 

[Dave Zan]

Can I win this case even though they technically registered it a week before we filed the business name?

Maybe. It depends on a variety of things.

Are you licensed to use Nissan's mark on your domain name, though? If you're
not, you might want to clarify that quick.

And Go Daddy isn't generally obligated to reveal client information to any third
party unless served with a court order or so. Whether they will or not is really
up to them, or any registrar for that matter.

 

[dominator]

Inside job for sure. They contacted you. How could they know about you?

I guess Nissan should have some IP rights here. If they allowed you to use the word "Nissan", they can help you...

 

[Dave Zan]

Just a followup to add that Go Daddy won't release that info if the domain is
using their WHOIS privacy service.

 

[xr3dpill]

Well for one, I am a licensed Nissan franchise so yes, I am permited to use the domain. As far as the dba, I was not involved with the store at the time it opened but even if I was, the name of the business was more important than the domain name I'm sure. (or maybe they didn't check, I don't know)

How do I begin to open a WIPO case?

 

[draggar]

Just a followup to add that Go Daddy won't release that info if the domain is
using their WHOIS privacy service.

True but, if a letter is sent though the email address listed and the physical address listed (I'd say send it with tracking - FedEx overnight etc..) then GoDaddy should forward it to the registrant and forward the mail to the registrant (and billing the registrant for the mail forward).

I'd say it is a good time for a letter from a lawyer. Private registration can be looked upon that the registrant is hiding something and his offer to sell it to you for $5,000 shows that it was registered in bad faith.

To be sure, he contacted your company first about selling it, you didn't contact him, correct?

Edit:

Well for one, I am a licensed Nissan franchise so yes, I am permited to use the domain. As far as the dba, I was not involved with the store at the time it opened but even if I was, the name of the business was more important than the domain name I'm sure. (or maybe they didn't check, I don't know)

How do I begin to open a WIPO case?

http://www.wipo.int/amc/en/domains/

I'd suggest a lawyer letter first, maybe the owner will settle for less than a WIPO case. Don't offer to buy it from the owner, though, have the lawyer let them know that it is in violation of TM and WIPO.

BTW - I am not a lawyer and I do not play one on TV.

 

[Justin Hulsey]

I suggest getting in touch with John Berryhill on these forums.

 

[dvdrip]

How do I begin to open a WIPO case?

Also be prepared to pay $5000+ for the WIPO.

 

[stewie]

Hold a staff meeting and mention that you are considering legal action...watch their faces, look for a Tell ...LOL

I agree it's an inside job.

Goodluck, :yo:

 

[BobDiGiTaL]

I AM NOT A LAWYER.
I would threaten a WIPO first,
give them a chance to make it "right"
convince them to sell for $1000 or you will file WIPO.
I AM NOT A LAWYER.

 

[Fatbat]

As mentioned, them asking you for $5k is a clear sign of bad faith.

Is there any way for you to get help from Nissan's legal team?