Don't get mad, get even.
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From: Kettering
Don't get mad, get even.
Bad things happen to good people. We all know that, it's part of life's lessons. Dealers, long protected by monopolistic dealer franchise laws, grew fat, dumb, and happy knowing that they couldn't lose their franchises no matter how poorly they treated their customers. Manufacturers, prevented by law from selling directly to the public, were handcuffed to an unhappy relationship with dealer principals, many of whom were multiple times richer and exponentially more arrogant than the executives working at the companies themselves.
So, my advice is don't get mad, get even. Actually it's okay to get mad, but do it outside the presence of the dealership. When you deal with them, act with dispassion and professionalism. Keep a complete written record of each encounter with them, down to the very last detail. Paperwork, paperwork, paperwork!
Now, here's the thing to watch for. I am almost certain that when you purchased the car from them, or when you left the car for them to fix, you probably agreed to arbitrate all claims with them. Depending on how the wording is written, you may have agreed to arbitration under the AAA's consumer arbitration rules. Those rules are actually not bad for consumers. Once you have all the paperwork and your ducks are in order, go ahead and start an arbitration proceeding. You will probably go through about six months of hearings and meetings with arbitrators, but if it's under AAA rules, they will probably have to pay most of the costs, and from what you've said, you have a good chance at a favorable outcome. What is that outcome? I would ask the arbitrator to force them to buy the vehicle back, in other words, give you your money back.
It's important to act reasonably at all times. Arbitrators aren't going to look sympathetically upon you if you act like an a@@hole. Be reasonable, responsible, and cool and calm. You will win this one.
By the way, check out www.crownpontiacnissan.com for another consumer's story with arbitrating a claim with a dealer. If your Honda dealer hasn't bought a URL yet, you may want to jump on that. After arbitration is over, you can post your whole story on a website so all future customers know how bad their service is. Even if they already own the URL, buy the "www.xxxxhondasucks.com" URL and then post your story. But do it after the arbitration is over so they can't accuse you of acting in bad faith. It will get their attention, it will get AHM's attention, and it will get other customers' attention.
Don't get mad, get even. Good luck.
So, my advice is don't get mad, get even. Actually it's okay to get mad, but do it outside the presence of the dealership. When you deal with them, act with dispassion and professionalism. Keep a complete written record of each encounter with them, down to the very last detail. Paperwork, paperwork, paperwork!
Now, here's the thing to watch for. I am almost certain that when you purchased the car from them, or when you left the car for them to fix, you probably agreed to arbitrate all claims with them. Depending on how the wording is written, you may have agreed to arbitration under the AAA's consumer arbitration rules. Those rules are actually not bad for consumers. Once you have all the paperwork and your ducks are in order, go ahead and start an arbitration proceeding. You will probably go through about six months of hearings and meetings with arbitrators, but if it's under AAA rules, they will probably have to pay most of the costs, and from what you've said, you have a good chance at a favorable outcome. What is that outcome? I would ask the arbitrator to force them to buy the vehicle back, in other words, give you your money back.
It's important to act reasonably at all times. Arbitrators aren't going to look sympathetically upon you if you act like an a@@hole. Be reasonable, responsible, and cool and calm. You will win this one.
By the way, check out www.crownpontiacnissan.com for another consumer's story with arbitrating a claim with a dealer. If your Honda dealer hasn't bought a URL yet, you may want to jump on that. After arbitration is over, you can post your whole story on a website so all future customers know how bad their service is. Even if they already own the URL, buy the "www.xxxxhondasucks.com" URL and then post your story. But do it after the arbitration is over so they can't accuse you of acting in bad faith. It will get their attention, it will get AHM's attention, and it will get other customers' attention.
Don't get mad, get even. Good luck.
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From: Maricopa County, Arizona
If you mean purchase a website name that the dealer might take? If so, you can't do that. You could end up paying for the owner's legal fees.
http://legalminds.lp.findlaw.com/list/laws...l/msg00870.html
http://rustybrain.com/archives/2000/07urlhoarders.html
http://www.internetnews.com/bus-news/artic...le.php/6_255431
there are thousands of cases and thousands of articles on this...
http://legalminds.lp.findlaw.com/list/laws...l/msg00870.html
http://rustybrain.com/archives/2000/07urlhoarders.html
http://www.internetnews.com/bus-news/artic...le.php/6_255431
there are thousands of cases and thousands of articles on this...
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From: Kettering
"If so you can't do that." You are wrong.
The Anti Cybersquatting Piracy Act modifies the Lanham Act to make cybersquatting against the law. The plain language of the statute makes it clear that a "bad faith intent" is required. Thus, if you bought "www.acura.com" or "www.honda.com" and held it ransom to AHM for millions of dollars, as many people were doing before the ACPA was enacted, you are acting in bad faith and will be forced to turn over the domain name.
However, the act specifically carves out exceptions. In particular, there is a "fair use" exception, which in the legislative history of the act, specifically includes uses for parody, criticism, comparison, even if it is done for profit. It is also fair use if another trademark holder has bought that domain name before another one could get to it. That is why "www.nissan.com" is owned by Nissan Computer and not Nissan Motor, and why if Nissan Motor wants to get it back, it will probably pay millions to do so (the case is in litigation now).
Back to the criticism fair use, this is an extension of the First Amendment. Our law will not generally permit trademark holders to shut down cricticism on the basis of trademark law. Thus "www.falwell.com", instead of taking you to Jerry Falwell ministries, takes you to a (very funny) parody site of Jerry Falwell. Thus "www.crownpontiacnissan.com" doesn't take you to Crown Pontiac-Nissan, a dealer, but a dissatisfied customer's website. Thus "www.gmsucks.com" or "www.fordsucks.com" takes you to sites not owned by GM or Ford even though it uses their trademark in the domain name. They can try to get ownership of those domains, but unless they can show bad faith intent, the law is not going to be of much help.
So, if Pappy wants to create a website to tell the whole entire world of how crappy this Honda dealer is, and how his almost brand new S2000 has been destroyed by arrogance and incompetence, I say go for it. In spite of this administration's best efforts, the First Amendment still stands for something, and the right to criticize corporations is among the rights still protected.
Suzuka Flyer, Esq.
The Anti Cybersquatting Piracy Act modifies the Lanham Act to make cybersquatting against the law. The plain language of the statute makes it clear that a "bad faith intent" is required. Thus, if you bought "www.acura.com" or "www.honda.com" and held it ransom to AHM for millions of dollars, as many people were doing before the ACPA was enacted, you are acting in bad faith and will be forced to turn over the domain name.
However, the act specifically carves out exceptions. In particular, there is a "fair use" exception, which in the legislative history of the act, specifically includes uses for parody, criticism, comparison, even if it is done for profit. It is also fair use if another trademark holder has bought that domain name before another one could get to it. That is why "www.nissan.com" is owned by Nissan Computer and not Nissan Motor, and why if Nissan Motor wants to get it back, it will probably pay millions to do so (the case is in litigation now).
Back to the criticism fair use, this is an extension of the First Amendment. Our law will not generally permit trademark holders to shut down cricticism on the basis of trademark law. Thus "www.falwell.com", instead of taking you to Jerry Falwell ministries, takes you to a (very funny) parody site of Jerry Falwell. Thus "www.crownpontiacnissan.com" doesn't take you to Crown Pontiac-Nissan, a dealer, but a dissatisfied customer's website. Thus "www.gmsucks.com" or "www.fordsucks.com" takes you to sites not owned by GM or Ford even though it uses their trademark in the domain name. They can try to get ownership of those domains, but unless they can show bad faith intent, the law is not going to be of much help.
So, if Pappy wants to create a website to tell the whole entire world of how crappy this Honda dealer is, and how his almost brand new S2000 has been destroyed by arrogance and incompetence, I say go for it. In spite of this administration's best efforts, the First Amendment still stands for something, and the right to criticize corporations is among the rights still protected.
Suzuka Flyer, Esq.
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