Just Like the Energizer Bunny. You can read the latest installment in the Nissan Motor Co. v. Nissan Computer Co. case here. Highlights: use of Nissan.com in connection with automobile-related uses held infringing, other uses held not infringing. Under the Dilution Act, the period from which fame must be measured is the first commercial use of a mark which includes the allegedly famous mark, regardless of whether such usage was confusing or could have been challenged on trademark infringement grounds. (Thus, the relevant usage was the first use of Nissan Computers, not the first use of Nissan.com.) Finally, an injunction prohibiting the website owner from including links to websites that are disparaging or contain negative commentary about the plaintiff constitutes and impermissible content-based restriction on non-commercial speech, in violation of the First Amendment.