Uzi Nissan, The Man Who Fought Nissan Over a Website And Won, Has Died Of Covid-19

Uzi Nissan, The Man Who Fought Nissan Over a Website And Won, Has Died Of Covid-19

Uzi Nissan is an Israeli who opened his own business in the United States in the early 80s. He first worked in a car workshop, then opened his own (named Nissan Foreign Car) and sold parts (named Nissan International), and then went into retail at a firm name Nissan Computer. For his own business, he registered a domain name and launched nissan.com in 1994. Over the next few years, he lost several million dollars in court with the car manufacturer of the same name.

When Uzi opened his first stores, Nissan Motor Company imported cars into the United States under the name Datsun. By the mid-eighties, the Japanese company decided to get rid of this name and sell models under the Nissan brand – there was even the Datsun by Nissan branding (according to rumors, its implementation cost the company something around 30 million dollars).

It is also important to note that the name Nissan and the brand Nissan are nothing more than a coincidence in languages. The word “Nissan” in Hebrew and Arabic denotes the name of one of the months of the year and is quite common as personal names and surnames. And the brand name is an abbreviation for Nihon Sangyo (which means “Japanese industry”). So the company was called after its foundation in the 30s of the last century.

Nissan’s life changed dramatically in October 1999, when Nissan’s North American office contacted him to discuss the use of the nissan.com domain.

Nissan vs Nissan

The authors of the Japolnik website, who interviewed Nissan, described him as a charismatic, principled, and stubborn person. For Uzi, that site was not just a site, but a reflection of his life’s work, which he built from scratch and was not going to give it away.

Representatives of the Japanese company offered Nissan a certain amount to buy the domain, but he refused. And in support of his words, he named the amount of 15 million dollars – only for that kind of money he was ready to consider the possibility of a sale.

Nissan, of course, refused. And soon they sent a lawsuit for $ 10 million, accusing the entrepreneur of trademark infringement, unfair competition, cybersquatting, and much more.

In 2002, the first victory remained with Nissan on the issue of cybersquatting – a fairly common practice in the modern world, which at the dawn of the Internet was a completely new threat to a business or an individual. This is the registration of domain names that contain a trademark owned by another person for the purpose of their further resale or unfair use.

By that time, Nissan had been using the site for its business for ten years, so the court dismissed Nissan Motor’s intellectual rights claims. But it also demanded to remove all advertisements for the sale of cars from the site and forbade him to leave negative statements in the direction of the Japanese company. Later, Uzi succeeded in court to reject Nissan’s requests to take control of his domain, and Nissan was also granted an appeal on “dilution of the brand name.”

Nissan Motors lawsuit against Uzi Nissan

The litigation had been going on for almost five years, but Nissan did not give up and tried to bring the case to the US Supreme Court. Every time Uzi won a part of the case, another part of it remained open. And Nissan had costly lawyers and all the resources to keep going through the courts.

In court, the parties were advised three times to meet and resolve the conflict. Each time, the money supply from Nissan increased, but Uzi refused – he had to pay legal costs and deal with the personal expenses that went into the process.

“Nissan had no problem with me using the name Nissan Computer. They even registered the site nissancomputer.com and offered to trade it for nissan.com – even if it would hurt them in the event of a “blur”. They had problems with the fact that I was using nissan.com. They passionately wanted this domain” Nissan told Jalopnik.

Uzi said that Nissan deliberately wanted to make the lawsuit showcase and as expensive as possible for himself. The company has spent many millions of dollars on lawyers, although back in 1999 it could have paid Uzi 15 million for a domain and not get involved in a lawsuit.

Won, but lost

In the end, Nissan decided not to demand $ 10 million from Uzi Nissan. Uzi said the company knew they would lose in a jury trial. Still, attempts to take over the nissan.com domain did not end.

The court made the final decision in 2007 – eight years after the start of the litigation. The court dismissed Nissan Motor’s allegations of trademark infringement by Nissan. And said that in this matter, the company has no exclusive rights to anything.

In terms of brand dilution, the court found that Nissan had known the Uzi site since 1995. However, the automaker realized the importance of the Internet only four years later and hesitated to contact the right domain name registrar and Uzi.

The lawsuit has cost him and his family nearly $ 3 million over the years, Uzi said. And despite the victory, he still feel like a loser.

“The question is not whether the big players can lose. And in what will happen to you when you are sued. I didn’t win the case. Nissan Motor lost it. I haven’t won anything. I only have a domain name. In fact, I also lost.” said Nissan. He noted that the process took 99.9% of the time he could have spent on his business. And the trial took place every week.

“They never got what they wanted from me. There was no longer a question of whether I could get my way. The question was what would have to go through and how much would have to be lost before the end of the case. Companies can sue you, no matter what. What is $ 10 Million for Nissan? Nothing. This is a drop in the ocean. They can afford it. And what can they do with a little man like me? Destroy his life.”

According to court records, at that time about 500 thousand people visited nissan.com every month. And they visited until recently – for some reason, the site is not available now.

Uzi Nissan died in July 2020 from the effects of coronavirus infection. He is survived by a wife and two children. Now, enthusiasts are raising money to help his family.

The history of Nissan is studied in many law schools and is cited as an example of how a large corporation can be fought back.

Why do You Need to Hire a Criminal Defense Lawyer?

Why do You Need to Hire a Criminal Defense Lawyer?

A criminal defense lawyer is often involved not only, as this is the case in the public mind, in criminal matters, but also for participation in civil and arbitration cases such as criminal sexual conductions and many more.

However, most clients forget that good criminal sexual conduct defense lawyers can resolve the client’s problem without bringing the matter to arbitration, a district court, or even criminal prosecution. The right choice of the lawyer’s strategy is not to aggravate the client’s problems until the case in court or to initiate criminal proceedings, but to create the conditions under which all the client’s issues are resolved through negotiations and compromises.

Pre-trial settlement of a dispute is where the work of a lawyer should begin.

Naturally, the lawyer is not a magician and not the hero of the film “Devil’s Advocate”, the arbitration, civil, the criminal process will not disappear on its own with the wave of a magic wand, for this, the trustee should try. A lot of things are not required from the client, only the desire and opportunity to consult a lawyer before problems arise. It is not at all difficult, before taking any more or less significant step, to get advice from a lawyer or attorney. In the end, it will cost the client much less than the subsequent participation of a criminal or civil lawyer in your fate.

For example, if you intend to organize a business, or make any transactions, buy an apartment, divide property, lend, invest money, conclude contracts – contact an experienced attorney in advance, get legal advice. The same with criminal defense lawyers – don’t try to solve the issue by yourself, but hire a professional for that.

Why should you go to a lawyer, you ask?

Because it is the lawyer who will be able to analyze your documents and give competent advice not only from the point of view of legal theory but law practice in courts of general jurisdiction or arbitration courts, as well as in criminal cases. It is no secret that the theory is very different from judicial practice, that is why you need an experienced lawyer, a professional defender of your interests.

Lawyers of organizations often take part in arbitration cases, however, they do not have sufficient practice in conducting arbitration cases in arbitration, such as attorneys specializing in arbitration cases have. Therefore, you should not save on arbitration lawyers, even if you have a whole staff of lawyers in your organization. There is a saying – “two lawyers – three opinions”, and in fact it is.

Therefore, your lawyers with the help of a lawyer involved in the arbitration case will be able to build the most correct strategy aimed at winning your case in arbitration.

As for the protection of the client in a criminal case, only a lawyer with a lawyer status and a member of the law can exercise such protection. A lawyer is allowed to participate in a case if he has a warrant issued by a college of lawyers, the law office or the law office.

Today, many lawyers are represented in the legal market, and this is the client’s prerogative to choose the most competent and experienced lawyer. Moreover, it is far from a fact that a lawyer with a “name”, widely known to the public, will work better than a lawyer who does not have such fame. Among the young lawyers of the “new generation,” there are many smart, competent, and already experienced professionals, so the age of the lawyer should not become a stumbling block for the client when choosing a lawyer.

Thus, when you choose a lawyer to participate in your case, focus on his specialization, experience in conducting similar arbitration, criminal or civil cases, his life position, energy and decency, and other factors that contribute to your decision to participate in this particular lawyer your business. Then it will be possible to count on a positive outcome of your case in arbitration, in court, or in criminal proceedings.

For experienced lawyers for your case criminal conduction case, contact Grandville criminal defense lawyers and Ottawa county criminal defense lawyers.

GoDaddy Confirms Data Breach – 28000 Customers Affected

GoDaddy Confirms Data Breach – 28000 Customers Affected

GoDaddy, one of the most famous domain registrar and hosting companies out there, have notified it’s customers about security issues and data leakage they have experienced:

The media have reported that the problem affected all 19 million customers of the company, and the incident took place in the fall of 2019. However, The Register reports that this is not quite the case. According to the publication, what happened in October 2019 has nothing to do with the current incident, while other media reports that the initial compromise took place eight months ago. So, it could be an absolutely new security breach of the affected GoDaddy servers.

Back to the facts, on April 23, 2020, GoDaddy employees discovered suspicious activity: usernames and passwords were compromised, as attackers made changes to the SSH file in GoDaddy infrastructure. In total, this problem affected approximately 28,000 customers (not 19,000,000, as some have suggested). But it was easy to make this mistake because not all the data breach-related facts have been released yet.

Troy Hunt from haveibeenpwned.com

GoDaddy experts claim that they have already reset all affected usernames and passwords, got rid of the deliberately damaged SSH file, and have not yet found any traces that the attackers used the “leaked” credentials and changed anything. The company emphasized that it did not find evidence that during the incident any files were added or changed (however, nothing was said about viewing and downloading files).

It is emphasized that the attackers did not have access to the main customer accounts on GoDaddy.com, the incident affected only hosting accounts, however, experts still recommend that victims change their passwords everywhere. And if you still need a domain name, check out Namecheap, one of the more reliable registrars out there.

Amazon Cuts Affiliate Commission Fees for Some Product Categories

Amazon Cuts Affiliate Commission Fees for Some Product Categories

On April 14, 2020, Amazon sent messages to its partners (affiliate marketers through Amazon Associates) in which it announced a decrease in affiliate payments. The changes take effect on April 21, 2020.

Amazon reduces payouts for the following product categories:

  • Furniture, home improvement, garden, pet products – the commission will fall from 8% to 3%.
  • Beauty, musical instruments, headphones, industrial goods – the commission will decrease from 6% to 3%.
  • Tools, goods for tourism and walking – reduction in commission from 5.5% to 3%.
  • Groceries – decrease from 5% to 1%.
  • Sports – decrease from 4.5% to 3%.
  • Goods for children – decrease from 4.5% to 3%.
  • Health and care – decrease from 4.5% to 1%.
Amazon affiliate program fee change

The changes did not affect the categories of Luxury Beauty, Amazon Coins, PC, DVD & Blu-Ray, toys, Amazon Kindle devices, Amazon Echo, watches, jewelry, luggage, shoes, bags and accessories, and several others.

Amazon affiliate program participants negatively perceived the news, saying that reduced payouts would hit their business a lot.

In situations like this, remember, you must control your sales channel better. It’s always safer to have a personal website or a WordPress based online store and not rely on 3-rd party service to make or break your business.

The additional lesson here is to always diversify your income streams. Be it by different low investment businesses, create an online business, sharing a room on Airbnb, start selling on Fiverr, podcasting, trading domains, and many more. Share with us your thoughts in the comments.

EDIT: Walmart is cutting its affiliate rate commissions as well from 4% to 1% on most of its categories.

Simple Tips for Streamlining Inventory & Preventing Common Mistakes

Simple Tips for Streamlining Inventory & Preventing Common Mistakes

Are you gearing up for a new eCommerce business? Or maybe your current online shop has just experienced an embarrassing inventory blunder?

Either way, knowing how to resolve common inventory mistakes, and more importantly how to prevent them from occurring, can protect your small business from losing out on profits, inventory costs, and even customer relationships. So if you need help with your inventory, here are a few pointers you should keep in mind:

Use Inventory Apps to Avoid Inventory Mistakes

Mistakes will happen from time to time, but using inventory management apps to prevent issues from constantly impacting your small business is always a smart move. For instance, Sortly and SOS Inventory are apps that provide multiple features and tools that can streamline your inventory processes and eliminate many inventory mishaps in the first place.

These apps do require a paid subscription, however, so if you are on a really tight budget, you may want to consider using a free inventory app, such as Goods Order Inventory or Stock Control. While these apps are perfect for managing inventory from your iPhone or Android, you may also want to look into inventory management software, to further protect your small business from the high costs of potential inventory issues.

Of course, it’s also important to have a reliable web hosting, preferably not an EIG one (check with the list).

Get Familiar With Techniques to Prevent Mishaps

Preventing some of the most common inventory issues, including data entry mistakes and mis-shipped items, can be simple with the right inventory management tools and apps.

If you want to ensure that future inventory mistakes don’t end up costing your small business, you should also educate yourself around inventory management best practices. Being more familiar with inventory management terms and techniques, such as ABC analysis, safety stock inventory, and dropshipping, can better prepare you to work with software companies and inventory experts, to design inventory management processes that work for your business.

For example, if you choose a dropshipping model, working with a dependable dropshipping supplier can eliminate the risk for customer-facing order mistakes and expensive inventory issues.

Understand FTC Regulations for Order Mistakes

When you send the wrong item to a customer, you may think that the recipient is legally required to send that mis-shipped item back. Per FTC laws, however, consumers are never required to send these items back to a business, and attempting to charge those recipients for your inventory mistakes could result in costly fines for your small business.

This is just one more reason to use the tools and tips above to streamline your inventory operations and prevent order mishaps, so that you can protect your business from potential losses.

Of course, you can request that your customers return unordered merchandise as long as you pay for shipping, so look for ways to lower your shipping costs, so that your small business is not severely impacted by these inventory mistakes and added shipping expenses.

Establish Excellent Customer Service Standards

Even when using the safeguards mentioned above to enhance your inventory management processes, order and inventory mistakes can still happen. When those mistakes affect customers, it can be bad for your business, but if those customers already trust you, they will be more likely to forgive occasional mistakes.

With a commitment to excellent customer service, you can build that trust and satisfaction that will encourage more positive responses to order mishaps, so this should be a primary focus as you improve your business processes. This means being available to answer customer communications and offering clear return policies on your website. You also need to be fully prepared to take on tough customer service issues, if you want to preserve connections and your reputation.

Inventory mistakes do happen, but they don’t have to cost your business a fortune. With the right inventory tools and policies in place, you can quickly resolve inventory mishaps and prevent small mistakes from becoming even bigger issues for your small business. So dedicate some time to implementing these techniques and tools into your inventory management plan, and also make sure your customer service is strong enough to protect your business.

Photo Credit: Rawpixel

TripAdvisor Acquires SinglePlatform from EIG in a $51m Strategic Deal

TripAdvisor Acquires SinglePlatform from EIG in a $51m Strategic Deal

TripAdvisor, the global online travel and restaurant company based in Needham Norfolk County, acquired SinglePlatform on Dec. 5, 2019. The move is largely seen as part of TripAdvisor’s inorganic growth strategy to enhance product experience and drive long-term profitable growth in its non-hotel business segment.

SinglePlatform, a menu publishing, and management company are expected to help TripAdvisor attract more diners to the over 5 million restaurants currently on its platform. The company also helps restaurants to publish key information such as operating hours, business names and contact information to boost their online visibility on networks like Foursquare, Facebook, Google among other directories and mobile applications.

The integration of SinglePlatform’s digital storefront listings solution with the TripAdvisor’s platform will give restaurateurs a feature-rich, unified, one-stop platform from where to manage their online presence across the web.

SinglePlatform sold by EIG and aquired by TripAdvisor

SinglePlatform, founded in 2010 as a private limited company, was acquired by Constant Contact®, Inc. in June 2012 for $65 million in cash subject to other considerations. This made it a wholly-owned subsidiary. In February 2016, Endurance International Group Holdings, aka EIG, finalized the acquisition of all the common shares of Constant Contact. The deal was valued at $1.1 billion, effectively bringing SinglePlatform into the Endurance International Group Holdings family.

The sale of SinglePlatform to TripAdvisor LLC, the ‘Buyer’, was completed by Constant Contact, the ‘Seller’, with Endurance International Group Holdings enjoined as the ‘Parent.’ The base purchase price agreed by the parties involved was $51 million. The dynamic team of 150+ SinglePlatform’s business employees will transition with the company to TripAdvisor.

The SinglePlatform’s acquisition comes barely two days after TheFork, a wholly-owned subsidiary of TripAdvisor acquired Bookatable, an online restaurant reservation platform.

BookaTable which was bought by Michelin in January 2016 is now the subject of a strategic partnership between Michelin and TripAdvisor. The content and licensing partnership will see the two companies join forces to give accessibility to the more than 14,000 high-quality restaurants selected by Michelin Guide inspectors. The acquisition also opens up the United Kingdom, Norway, Germany, Austria, and Finland markets to TheFork.

Endurance International Group sells menu company to TripAdvisor