Nissan Motor Co., Ltd. v. Nissan Computer Corp.
Opinion
Opinion
Pregerson, J.
ORDER
(1) DENYING DEFENDANT’S MOTION TO DISMISS; AND
(2) GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION
[Motions filed on 12-10-99 and 2M:-00]
The defendant’s motion to dismiss and the plaintiffs’ motion for a preliminary in junction came before the Court for oral argument on March 13, 2000. After reviewing and considering the materials submitted by the parties and hearing oral argument, the Court adopts the following order.
I. Background
Plaintiff Nissan Motor Co., Ltd., is a large Japanese automaker. Its subsidiary, plaintiff Nissan North America, Inc., markets and distributes Nissan vehicles in the United States. Nissan Motor Co. owns, and Nissan North America is the exclusive licensee of, various registered trademarks using the word “Nissan” in connection with automobiles and other vehicles. (Rinek Decl. ¶¶ 4-5.) The first such trademark was registered in 1959. (Id.) Nissan North America also operates an Internet website at “www.nissan-usa.com.”
The defendant, Nissan Computer Corporation, is a North Carolina company in the business of computer sales and services. The company was incorporated in 1991 by Uzi Nissan, its current president. (Nissan Decl. re: Prelim.…