Nissan Bully Boy tactics !!!
Nissan Bully Boy tactics !!!
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Prolex-UK

Original Poster:

5,225 posts

232 months

Saturday 27th September 2008
quotequote all
I have been advertising the new Skyline GT-35R for sale for a while (second hand)

Came home from holiday to find a letter from Nissan's solicitors threatening me with hell & damnation if I did not sign a document undertaking to no longer offer for sale or sell the GT35-R.

I was under the impression once someone sells something it no longer is the property of the person selling it and the person who bought it can do with it what he/she wishes and sell it on to whoever they wish.

Not so according to Nissan my buying a second hand GT35-R from someone in Japan infringes Nissans intellectual property rights.....

They also say no one is allowed to offer products or services for the car under the same proviso...........

Seems to me they are trying to safeguard there profits in a unethical manner.

From what I've read in many forums the pre ordering process seems to be a bit hit & miss to date.

I've not signed the document (deadline was the day i got back from america) and am not sure I will as I'm somewhat peeved...

If anyone wants to see the document I'll email them a copy willingly

remove spaces p r o l e x u k AT g m a i l DOT c o m




shadowninja

79,417 posts

306 months

Saturday 27th September 2008
quotequote all
Good luck. Have you spoken to them on the phone?

Prolex-UK

Original Poster:

5,225 posts

232 months

Saturday 27th September 2008
quotequote all
Nope....

Asked a few ?'s in an email to them...will see whats what then I suppose

Blue Meanie

73,668 posts

279 months

Saturday 27th September 2008
quotequote all
Don't see how they can do that...

D_G

1,907 posts

233 months

Saturday 27th September 2008
quotequote all
They are using the same trademark regulations that stop Tesco selling imported Levi Jeans. This means that any large organisation can prevent their products being sold (if imported from outside the EU)in the UK. Mitsubishi successfully stopped eleven importers through the courts from importing L200 pickups (and subsequently everybody else).
It's not right but the law is there so I suggest you stop importing the GTR as Nissan WILL pursue you if you continue. Makes a mokery of our government trying to encourage free trade.

Dave

Prolex-UK

Original Poster:

5,225 posts

232 months

Saturday 27th September 2008
quotequote all
Nor me.

They seem to rely on me infringing their trademark.

Thing is to challenge them in court would cost money and I'm a one man band. IMHO thats what they are relying on and in effect frightening people off.

I've sent the letter to a specialist Nissan magazine and will be send ing it to the other mainstream titles as well.

I'm trying to get it to the Top Gear and 5th Gear chaps as well I'm sure they may be interested in a bit of a negative spin on the GT35-R.




Prolex-UK

Original Poster:

5,225 posts

232 months

Saturday 27th September 2008
quotequote all
D_G said:
They are using the same trademark regulations that stop Tesco selling imported Levi Jeans. This means that any large organisation can prevent their products being sold (if imported from outside the EU)in the UK. Mitsubishi successfully stopped eleven importers through the courts from importing L200 pickups (and subsequently everybody else).
It's not right but the law is there so I suggest you stop importing the GTR as Nissan WILL pursue you if you continue. Makes a mokery of our government trying to encourage free trade.

Dave
I agree with new products but these are not new.

Where the L200's new or used ?

Blue Meanie

73,668 posts

279 months

Saturday 27th September 2008
quotequote all
Surely if it is legal to export from Japan, and legal to import into the UK, what can Nissan do? If it is illegal to 'sell' a GTR in the UK, maybe they should make it illegal to import them?

Prolex-UK

Original Poster:

5,225 posts

232 months

Saturday 27th September 2008
quotequote all
Blue Meanie said:
Surely if it is legal to export from Japan, and legal to import into the UK, what can Nissan do? If it is illegal to 'sell' a GTR in the UK, maybe they should make it illegal to import them?
Thats my point.........as I said above its the trademark they are banging on about.

As I say above the Levi case was for NEW goods these are not new......don't forget that they are also after people who supply non standard parts and fit parts to these cars

Blue Meanie

73,668 posts

279 months

Saturday 27th September 2008
quotequote all
Is there a precedent for this?

Prolex-UK

Original Poster:

5,225 posts

232 months

Saturday 27th September 2008
quotequote all
Blue Meanie said:
Is there a precedent for this?
The L200 threats and Levi case

Blue Meanie

73,668 posts

279 months

Saturday 27th September 2008
quotequote all
Prolex-UK said:
Blue Meanie said:
Is there a precedent for this?
The L200 threats and Levi case
Yes, but they were 'new', not second hand, via private sellers...

Blue Meanie

73,668 posts

279 months

Saturday 27th September 2008
quotequote all
Anyway, why are you selling... You know, if you can't sell, I'll take it off your hands for free, I'll even pay shipping to the US... I'm nice like that.

Prolex-UK

Original Poster:

5,225 posts

232 months

Saturday 27th September 2008
quotequote all
Blue Meanie said:
Anyway, why are you selling... You know, if you can't sell, I'll take it off your hands for free, I'll even pay shipping to the US... I'm nice like that.
I'm a trader.............

Blue Meanie

73,668 posts

279 months

Saturday 27th September 2008
quotequote all
Oooooh... OK. That mean no free GTR for me then?

Prolex-UK

Original Poster:

5,225 posts

232 months

Saturday 27th September 2008
quotequote all
Blue Meanie said:
Oooooh... OK. That mean no free GTR for me then?
will swap for 2 Roush blown Mustangs.........

Blue Meanie

73,668 posts

279 months

Saturday 27th September 2008
quotequote all
Prolex-UK said:
Blue Meanie said:
Oooooh... OK. That mean no free GTR for me then?
will swap for 2 Roush blown Mustangs.........
I'll see if I can blag some free ones, then we'll have a deal...

D_G

1,907 posts

233 months

Saturday 27th September 2008
quotequote all
The Mitsubishi thing was for new L200 pickups mainly, there were loads coming in from Thailand at the time. This got extended to the EVO's too I believe. The upshot was any trader advertising these cars would get approached by CCC and told to stop. As part of the deal, CCC didn't go any further with trying to restrict used imports.
I'm not sure how much Nissan can do with 'used' cars, although even if the car was first registered in Japan and covered 1000kms I'm sure they would argue the point. The problem is how do you take them on?

Sarnie

8,317 posts

233 months

Saturday 27th September 2008
quotequote all
I think the key here is that your a trader, trying to make profit. I'm sure they wouldn't (and couldn't) pursue a private seller in this way.

Prolex-UK

Original Poster:

5,225 posts

232 months

Sunday 28th September 2008
quotequote all
Sarnie said:
I think the key here is that your a trader, trying to make profit. I'm sure they wouldn't (and couldn't) pursue a private seller in this way.
Well my cunning plan,as cunning as a fox with 2 tails, is to act as a facilitator.

I'll put a purchaser in touch with the garage in Japan................he/she pays dealer direct......I'll get vat/duty sorted but he/she pays monies due direct.............i'll get car booked in for ESVA..........he/she pays ESVA direct.............he/she collects car from ESVA and goes home happy...........

OK I'll not make anything but WTF its one in the eye for NISSAN and let them put that in their pipes and smoke it.........