Tesla’s Attorneys Attempted and Failed to Take Control of TeslaShop.com

Photo of author

By Car Brand Experts


The issue of large car manufacturers pressuring small businesses over domain names has been a recurring problem. Recent examples include Nissan and Bentley’s missteps in this realm. Now, Tesla has found itself embroiled in a similar controversy, attempting to claim the web domain TeslaShop.com from its owner in Poland. Despite Tesla’s efforts in court, arbitrators ruled that the automaker did not have the right to acquire the site.

TeslaShop.com, owned by Korneliusz Wieteska in Poland, is an independent site that aims to serve as a community hub for Tesla enthusiasts, as well as a source for parts and accessories. The homepage features an image of a Model X towing a camper and encourages visitors to subscribe to a newsletter or explore partnership opportunities. Notably, the website does not use Tesla’s logos or fonts and addresses common challenges faced by Tesla owners, making it clear that it does not intend to present itself as an official representative of Tesla.

However, the similarity of the domain name to Tesla’s official online store (shop.tesla.com) led Tesla to pursue the domain. The case was resolved through arbitration instead of in court, due to certain technicalities with the domain provider.

Tesla lineup at a Supercharger station
Tesla lineup at a Supercharger station. Tesla

Tesla’s position closely mirrored that of Nissan and Bentley in earlier cases: asserting its dominance in the automotive market gave it a claim to the TeslaShop.com domain. The company argued that the site was capitalizing on Tesla’s brand for profit and to gather consumer information, asserting that there was no legitimate reason for the site to use its name. Tesla also claimed that the lack of a disclaimer on the website suggested it was attempting to present itself as an official entity.

In response, the domain’s owner argued that TeslaShop.com was not commercialized and noted that European trademark law allows third parties to use brand names to indicate product intent (for example, selling Ford parts without being an official Ford affiliate). They also highlighted that the domain had been registered since August 2006, long before the first Tesla Roadster was made and over a decade before Tesla changed its name from Tesla Motors.

“Given this timeline, it is evident that Complainant’s complaint should be viewed as an attempt at hostile takeover by a larger entity leveraging its market dominance,” stated the legal team for the site. “The delayed assertion of trademark rights against a domain registered and used well in advance raises concerns about the legitimacy of Complainant’s claims.”

Tesla lineup on board a car carrier
Tesla lineup on board a car carrier. Tesla

In the end, the arbitration panel acknowledged that while Tesla’s claims had merit, they ultimately ruled that the site was not masquerading as an official Tesla representative. The panel pointed out the site’s overt discussions regarding issues faced by owners—such as costly parts—and the choice of a family road trip image rather than a professionally curated corporate photo as a lead visual.

Thus, TeslaShop.com will remain with its Polish owner. Its future as a business or community hub is yet to be determined, but this case marks another win for smaller entities against larger corporations. Perhaps Tesla could take a lesson from Nissan and Bentley’s previous failures in similar situations—though such learning may require acknowledging that it has something to gain from legacy automakers. With Tesla’s recent decline in sales, this perspective might be worth considering.

.

Leave a Comment

For security, use of Google's reCAPTCHA service is required which is subject to the Google Privacy Policy and Terms of Use.

Pin It on Pinterest

Share This

Share This

Share this post with your friends!