Herb Newton Nissan Debacle
Okay, for those interested:
Here's the first post about Herb Newton Nissan entitled "Car Trouble".
I then got the following "2nd Notice" though I don't remember seeing a first (I think I might've just deleted it on impulse, looked spam-ish.
This was followed by, you guessed it, 3rd Noticeville.
And after all of that, oh yes, the FINAL NOTICE arrived. The earth trembled underneath it's mighty presence.
And...that's it! I know, no hollywood ending, no, um, ending of any sort. I do extend my hands to the good folks at Herb Newton (they're not all bad, etc etc) to offer any sort of apology or expression of their handling of the matter. If they never reply to my email saying as much, then we'll just let the issue go. If they speak, I'll let them speak here, and we'll just let the issue go.
Still, makes a great blogging story to tell in front of a crowd, don't it? :)
Here's the first post about Herb Newton Nissan entitled "Car Trouble".
I then got the following "2nd Notice" though I don't remember seeing a first (I think I might've just deleted it on impulse, looked spam-ish.
This was followed by, you guessed it, 3rd Noticeville.
And after all of that, oh yes, the FINAL NOTICE arrived. The earth trembled underneath it's mighty presence.
And...that's it! I know, no hollywood ending, no, um, ending of any sort. I do extend my hands to the good folks at Herb Newton (they're not all bad, etc etc) to offer any sort of apology or expression of their handling of the matter. If they never reply to my email saying as much, then we'll just let the issue go. If they speak, I'll let them speak here, and we'll just let the issue go.
Still, makes a great blogging story to tell in front of a crowd, don't it? :)
Tags: Herb Newton Nissan, Trademarks, Car Dealership
12 Comments:
You must have a lot of time to waste.
It's seems like everyday I have a complaint about some company.
I not going to name any names, I DON'T WANT TO BE SUED .
Bad service at the drive through or wrong order?
I would understand the point if you bought a car there but you didn't.
You should at least remove the vulgar untasteful grammar from your page.
It makes you look ready unprofessional .
They have ask you to remove there name.
After that point you are in the wrong.
I bought my car there it's a Great Nissan. Well maybe it's because I have great credit with a great job.
And I'm a upstanding member of the community.The Sales & Service is EXCELLENT.
You may try a BUY HERE PAY HERE LOT or somewhere on Clinton Hwy.
Thanks for taking my opinion
You know what anonymous with great credit, not everyone has that and you shouldn't get treated like shit if you don't. And what does being an upstanding member of the community have to do with anything? What, do you need a character reference to buy a car these days? Futhermore, if you don't have great credit, like some many people don't, you shouldn't have to worry about being screwed anytime you walk on a car lot! Oh and for the anonymous that is afraid of being sued, it's called freedom of speech, you should try it sometime. If people didn't speak up about awful service and wrong doings nothing would ever be changed!!
They have ask you to remove there name.
After that point you are in the wrong.
This is not legal advice, and if served with a summons the blog host should contact a lawyer, but:
Actually, no. Herb Newton is going to have a hard time making out a claim as to infringement or dilution, because it is unlikely a court is going to find that any confusion or mistake has occured as to whether our host is sponsored, affiliated with, or approved of by the mark holder. Nor is our host is really using the mark in commerce, as such, (though they might be able to satisfy this element of the claim, depending on what kind of revenue, if any, this blog generates; but even if they did, there's no way in hell they'd win on it). If it isn't being used in commerce, then enforcement of the mark by a court would be a first amendment violation.
Nor is there any blurring of the mark or any asssociation created with any other product that would support a dilution claim.
And even if they could make out a prima facie case of either infringment or dilution, this is a classic example of a nominative use of a trademark. A mark holder cannot keep people from using a mark for descrpitive purposes or to make comparisons to anothers goods or services.
You should consult someone about slander. By publishing the emails they sent you, you have established that you made the post.
The only defense against slander is the truth. Since HNN had no effect to your problem of being upside down you are on shaky ground. If they can prove your post cost them a sale, you are in trouble. That would not be difficult to do.
I do not know you and I do not care what happens hear but you are a little stupid. It does not sound to me like this is worth the legal fees you will have to pay if or when you are sued. It also sounds like you do not have the money to play this game.
Is this worth it? The last thing we need is for a blogger to be sued in this area and for the blogger to lose. If not for your self think about the others that blog here.
You should remove this page from your site.
If you know what?s good for you.
Before you are SUED!!!
I don?t think they need to apologize for your mistakes.
Sounds like you went there with the bad attitude from the get go, from just reading your blog.
The big Companies out there are very powerful when they have the resources.
Sound like you just want something for nothing.
?The big fish always eats the little fish?
I bet they have several lawyer?s just waiting to get you.
Also, the man with the dough runs the show.
If I was you I would quit while I was ahead.
Terry T.
Virginia beach, VA.
Evan,
You failed the test. I wanted to make you think and I did, but we are still not there.
What you did is libel. I thought if I made it interesting you would do some research. The "a little stupid" part was suppose to have you research this.
Here is the problem. The 1st amendment does not protect you from either libel (written) or slander (verbal).
I am not going to give away where your problem is, as that could hurt you and indirectly other bloggers.
You have only six posts and two are from me. I wish you would delete the post. If you have a lawyer friend call them. I would hate to see you be used to silence other bloggers.
Carry on.
PS
HNN probably has an attorney on retainer. Expect a bill from your attorney of at least $ 2500.00 if you are served.
So we've moved on to a libel accusation?
Look, the dealership is at least a quasi public figure, especially as it relates to the business of selling cars. Our host did not claim that the dealership caused him to be in negative equity only that he felt that the service ethos of the salespeople left something to be desired. This is stating an opinion not making a claim of fact. Further, since the dealer is a quasi public figure, especially as it relates to selling cars, the dealer would have to show that our host made a false statement of fact either knowingly or with reckless disregard for the truth. An extremely difficult showing (ever wonder why the Clintons never sued over the Vincent Foster urder allegations: this is why.).
The only defense against slander is the truth.
Not true at all. the truth is an absolute defense to slander, but not the only one. As I said there has to be a showing of the applicable state of mind and also a showing of harm in fact (and contrary to what this other poster seems to think, would be extremely difficult to prove based on a comment by an obscure blogger).
Of course, our blog host shuld not rely on my comments and should contact an attorney for real legal advice.
We need the full story.
What were you trying to buy from the 1st dealer, that?s a factor.
Considering they have a great line of product that is highly rated.
And what did you finally get from the awesome dealer?
Who in my opinion has a now haggle policy over there auction rejects.
Because they just shuffle cars from store to store.
So the we went to a few car lots. The first was Herb Newton Nissan and the second was Carmax. Let me draw up an analogy: The first is like cheap Mexican wine. The latter is like a fine French Merlot. Get my drift?
Carmax is fuckin awesome. Their people are friendly, a little money hungry, but that goes with the territory. You should see the absolute wolves that reside at the Nissan place. It is freakish. This one guy there, he was such a stereotype I thought I was in a bad movie. We're talking late forties white guy, too skinny and too tanned. Very little hair, but what was there is slicked back and oiled. Squirrelly and strangely menacing. The only thing he was missing was a gold tooth. These guys are creeps, sharks, and should be abandoned as quickly as possible.
If HNN can prove they lost a sale because of the words above our friend Evan has a problem. The intent is clear. Now we wait and see. Evan says don't trust HNN and don't purchase from them.
The only good advice you gave to Evan was to contact a lawyer. This hurts everyone that blogs and it accomplishes nothing.
You haven't accused HNN of anything other than being of a type you'd rather not deal with. If what is in this blog is libelous, then epinions and just about every opinion ever posted or printed would count as libel. It sounds to me like the salesman you describe is probably the owner's son or the sales manager. Could all the advice you're getting really be coming from HNN, their friends or relatives?
Evan, I feel your pain. I think I've been "upside down" most of my adult life.
When I got out of the Marines (1994), I put myself in debt, mostly with credit cards and auto loans. (Student loans I don't feel that bad about) The first car I bought when I got out was a 1985 Subaru station wagon. I blew the head gasket in that thing and instead of leaving it alongside the road, I elected to have it fixed. Later on I got a new vehicle a.k.a. POS, which proceded to take me further into debt.
One piece of advice to anyone reading this: Do not get a car loan on a vehicle that is already like 6-8 years old. Stupid, stupid, stupid.
I don't want to drag this out so I'll just say that today I have a 2003 Dodge Ram that I bought brand-new in 2003 and I swear that some of the loan payment that I pay every month is still paying off some of the vehicles I owned in my past.
Hopefully, I and anyone who reads this will learn from my mistakes and not fall into the same traps I have.
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