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The game
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this post was submitted on 07 Aug 2024
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LinkedinLunatics
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A place to post ridiculous posts from linkedIn.com
(Full transparency.. a mod for this sub happens to work there.. but that doesn't influence his moderation or laughter at a lot of posts.)
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I know this written as a satire. But as a lawyer I can say it will never work. If you want to try there will be many lawyers willing to take your money gladly.
Domain names and trademarks are regulated differently. Domain names registrations work on first come first served basis. While trademarks have legal requirements that needs to be fulfilled.
If you have a prior trademark that's the same as the domain name (considering it's unique and not a general word like game, sex or food etc...) and your trademark is somewhat known than you can sue the domain name holder to get it back. This has so many details and requirements so I won't get into that. I don't know the details about the Nissan so can't comment.
As for trademarks and why it doesn't work is you can't sue anyone for using their own name. For example banking network SWIFT can't sue Taylor Swift. Also for a trademark owner to claim infringement the party who is using the said trademarked name/word has to be doing the same or similar work, working in the same industry and/or doing something that's detrimental to the trademark.
I hope I made it more clear for you. Have good day.
I checked that case and it's exactly as I said in my prior post. It was the surname of the owner and he was using it for his business long before the domain name registration Nissan Motors couldn't get it. Because they sued him as a trademark infringement. In my opinion it's nothing but an abuse of legal rights and court should have ruled so as well but I'm not the judge.
So, if we turn back to the main subject you can't claim infringement and damages from someone using their name.