
Grey market vehicles often walk a fine line when it comes to their legality. However, that hasn't deterred some enthusiasts from snatching up a desirable vehicle from one market and moving it to another. These tactics hurt both the auto manufacturer and its dealer network, since grey market vehicles have no warranty coverage. Most automobile companies greatly dislike grey market importation since it increases competition for their own domestic product. They typically utilize every legal resource availabe to them (and they have plenty) to discourage the practice.
You can see where this is going by now. Since the Nissan GT-R is now on sale in Japan, there are some very impatient folks who do not want to wait for the car to hit their local showroom floors. Businesses in Europe and the UK are currently advertising imported JDM Nissan GT-Rs for sale. Nissan has issued a message that they intend to crack down on these businesses as this venture is a violation of trademark rights. It seems that some have already received paperwork from Nissan's lawyers. The automaker also wants to inform customers in the European Economic Area (EEA) that they have not consented to the sale of the GT-R by these individuals. JDM GT-Rs may not meet safety and emissions standards outside of Japan, so Nissan must detach themselves from any responsibility in case of uneducated buyers.
Hit the jump to view the full press release.
[Source: Nissan]
PRESS RELEASE:
NISSAN TO ENFORCE TRADEMARK RIGHTS
Lawyers representing Nissan have written to a number of businesses regarding their vehicle importation activities.
The businesses in question are suspected of importing and/or offering for sale in the European Economic Area (EEA) Nissan vehicles originating from Japan and which are intended only for sale in Japan. The trademark owner, Nissan Motor Co., Ltd, has not consented to the importation or sale of these vehicles into the EEA and either of these activities would infringe Nissan's trademark rights.
These businesses have been warned not to engage in these infringing activities and, if this is ignored, Nissan will seek the support of the English courts in enforcing its legitimate rights against those businesses.
The basis of this action is well established and has been confirmed in decisions of the European and English courts over a number of years. The action does not seek to prevent individual customers or businesses from buying Nissan vehicles intended for the UK or European markets.
Gary Frigo, Nissan Motor (GB) Limited's Managing Director, said: "We have been made aware of a significant increase in activity in the import trade of certain vehicles, particularly the Nissan GT-R, which warrants immediate action."
On the subject of the new Nissan GT-R Frigo explained further:
"Nissan's number one priority is to ensure that the GT-R and its dealer network are in optimal condition to facilitate and support our customers. It will take until start of sales in March 2009 to do this. Until that time the UK will have no GT-R trained technicians, no established GT-R parts supply and, most crucial of all, the GT-R will not be covered by a manufacturer's warranty."
Nissan remains committed to providing customers with the best possible vehicles, in terms of value and specification, within the context of the regulations for safety and emissions laid down by the UK and European governments.










Reader Comments (Page 1 of 2)
Jeff @ Dec 21st 2007 10:39AM
Hey, if Nissan's dealers can jack the price up by $10K plus in dealer price add ons, why can't I sell a car I own?
If it meets emissions standards (big if there) who cares?
It is the dealerships screaming because for each grey market one sold, that's an extra $10K out of their greedy grubby little hands.
Screw the dealerships. Liars, beggers and thieves the lot of them.
Travis @ Dec 21st 2007 11:12AM
I have to agree. Nissan had ZERO issues when people were importing R34s a couple years ago...
Sean Morris @ Dec 21st 2007 12:06PM
Nissan officially sold about 100 R34s though Middlehurst Nissan . It was not a widespread sale. Same thing in New Zealand , Nissan sold about 12 cars down there , but there were still grey imports in both countries.
Since Nissan is planning on selling the R35, they are cracking down. I don't know what real basis they have , but I am sure they will try.
Here in the US , I got into a fight with Mitsubishi over the Evo 7/8 importation. Here though is a completely different story.
ImportCarSite.com @ Dec 21st 2007 5:12PM
It costs thousands of dollars to bring a car to U.S. Spec and you can not register a car in the US without it being up to D.O.T. specs. And the people exporting them are charging thousands more so really it is cheaper and wiser to wait.
Companies that imported older R-34's charged about $12,000 USD just to make the import street legal in the US.
nezromatron @ Dec 21st 2007 11:03AM
"These tactics hurt both the auto manufacturer and its dealer network, since grey market vehicles have no warranty coverage."
Que? How would that hurt the dealers? If anything it would hurt the consumer who is without warranty coverage. Getting warranty coverage at most dealers seems to be some strange game of roulette anyway.
Guenther @ Dec 21st 2007 11:10AM
Precisely- if anything, any car that laves its origin market is reduced liability to the party that extended the initial warranty. Emissions into Europe are no problem (for JDM cars) but getting one into the US can be tough, especially for new vehicles.
tankd0g @ Dec 21st 2007 12:01PM
Mainly because the local dealer won't be able to sell that guy a car when they officially come into the country. There's not much nissan can do in Europe, they are allowed to import new cars from Japan. We can't do it at any price.
Joel @ Dec 21st 2007 1:07PM
@ Guenther. When considering money spent on repairs you are correct. However, it can tarnish Nissan's name if they have recalls, etc. and grey cars are not covered. The intangibility of Nissan's reputation is at stake. The people who can afford a Nissan flagship may think twice about purchasing a Nissan or Infiniti due to how the situation is handled.
miklm @ Dec 21st 2007 11:09AM
So it looks like they are trying to enforce their trademarks, basically saying that the advertisements for the imported vehicles are infringing? I can't see how selling a vehicle infringes on any trademarks, but the advertising of such could very well.
Curt @ Dec 21st 2007 5:52PM
I would really, REALLY like this explained to me as well....outside of the ad using their trademark without authorization I don't understand the trademark argument as it relates simply to the sale of the car between two parties.
why not the LS2LS7? @ Dec 21st 2007 11:13AM
The title is misleading. The imports are in no way illegal. Nissan doesn't like them, but they're legal.
ImportCarSite.com @ Dec 21st 2007 5:05PM
They are not legal for U.S. Roads until you convert them to U.S. D.O.T. Specs. Some of the things required are smog equipment etc., D.O.T. approved headlights and taillights, and other misc stuff.
For example their are companies that can import you an older skyline but they also charge you thousands to convert is for US street use.
It also can be illegal for another offshore dealership to export them because they are bound by dealer agreements.
Quattrofan @ Dec 21st 2007 11:29AM
10K plus in dealer ad-ons on GT-R? You are dreaming. Toyota was (or they still are) marking up the new FJ Cruisers by tens of thousands of dollars and sheeple is lapping it up.
I bet to acquire a GT-R via U.S dealer will take easily double that markup. This alone would be enough reason to consider a grey market import. So yeah, f*&k 'em...until you will need that dreaded letter from the manufacturer to register the car.
Guenther @ Dec 21st 2007 1:04PM
The Fj's have Add-ons- and wow- are they stupid. The GT-R will simply have mark-up with nothing added (in most cases).
Franz @ Dec 21st 2007 11:53AM
This is just a scare tactic. The purpose of all this is to dissuade people from buying privately owned GT-Rs before Nissan's own dealer network has them on sale officially. I don't believe they can really stop people from importing them. It's up to the prospective buyers to decide if they wanna take the risk of owning one of these Grey market imports or not.
Nissan is also probably worried that with lack of trained technicians and technical support, no one will be able to diagnose and fix any potential problems that might surface, so the cars might be deemed finicky and problematic early on, potentially hurting the brand image before the car is even officially on sale. This is a brand new car, after all, so I'm sure there are bound to be a few niggles in the early models... and even a small problem can become a headache if you can't find out what's wrong, let alone fix it.
E30FTMFW @ Dec 21st 2007 3:27PM
If I spend $80,000 on a damn Nissan, it better have 0 problems for several years.
WillDaThrill @ Dec 21st 2007 11:56AM
Hate to be the optimist here, but you guys aren't getting the point (man, I'm gonna get so beat up on this one). It's like you ordering something from ebay, the seller mails it to you, but the postman takes it and sells it to Joe Blow. Sure you'll get your money back via dispute (maybe) but now you and the seller are out of a product because someone stoled it.
Jamie M @ Dec 21st 2007 12:32PM
No, it isn't like that at all. Nobody is stealing anything here. The cars are being legally purchased in Japan, shipped to Europe and resold.
This is just another case of the corporate world trying control how and when comsumers use the products they purchase. If Nissan wanted to avoid this type of thing, they should have planned better and released the GT-R simultaneously in every world market.
Moltenauto @ Dec 21st 2007 12:51PM
What???
No one is stealing anything. These cars are bought from dealers in one country, and are then privately owned cars. They can be now sold as used cars by the owner. They are just selling them in a different country. No one is stealing anything. They are not coming out of the cars allocated for that other country.
You could argue that the new country's dealers don't make any money on the sale, but the same goes for ALL private party used car sales; somewhere a new car dealer missed a sale. New car dealers are in competition with ALL the other car sellers in the market, new and used, whether they like it or not.
The trademark claim must be over the use of Nissan logos, otherwise the ads should be just as legal as any other used car ad.
Scott @ Dec 21st 2007 12:59PM
I think someone "stoled" your brain.