Dell joins domain name hall of shame (again)

[Dave Zan]

Just found this interesting tidbit:

http://www.theregister.co.uk/2005/01/26/dell_domain_dispute/

This has got to stop somehow...it's getting ridiculous...

Hey dtobias, another to add to your personal hall of shame? :-D

 

[Ovicide]

Thanks for that URL.

I enjoyed reading it.

 

[anony]

Very interesting indeed.

Thanks for sharing.

 

[dtobias]

Wasn't Dell Publishing, the book and magazine publisher, around decades before Dell Computer? Has there ever been a legal conflict between those two Dells?

 

[andyat11]

Lol i enjoyed it lol when will the earth end lol

 

[jojoyohan]

Ok. So whats actually happening? Is Dell demanding the name or did the guy give it to them?

 

[gogeorge]

Just found this interesting tidbit:

http://www.theregister.co.uk/2005/01/26/dell_domain_dispute/

This has got to stop somehow...it's getting ridiculous...

Hey dtobias, another to add to your personal hall of shame? :-D

If we got every domain name owner to stop buying dell computers, I am sure that would hurt the company big time. Dell might want to think twice before upsetting the internet and computer community.

 

[seeker]

very interesting read.
I wonder fi this 'giants' realize that they are just damaging their reputation...

 

[Dave Zan]

Wasn't Dell Publishing, the book and magazine publisher, around decades before Dell Computer? Has there ever been a legal conflict between those two Dells?

None yet as of this post. It'll be interesting if Dell Computer tackles them.

Ok. So whats actually happening? Is Dell demanding the name or did the guy give it to them?

Demanding the name...again. And the guy's not giving it to them...so far.

 

[jberryhill]

I wonder fi this 'giants' realize that they are just damaging their reputation...

It's somewhat solipsistic to think that the world of "what matters to domainers" matters in the larger picture.

Without doing some research which I don't feel like doing on a Friday evening, it's premature to conclude that Dell Computer doesn't have a valid claim here. It's obviously not a cybersquatting claim, but they may have an infringement or dilution claim. They have a famous mark associated with computers. Whether the use of "DELL" in connection with designing websites erodes the distinctive value of that mark is a fact question that is not resolved by a seat-of-the-pants "well I think" sort of test.

Incidentally, I am highly recommending the Clos du Bois 2001 Merlot tonight, for my fellow fans of good wine for under $15.

 

[mole]

but they may have an infringement or dilution claim.

Free Dell computers with each Dell website purchased? :-D I'm gonna get me DellWine.com

 

[Domagon]

I'm curious if he registered the domain using a Dell computer? ... not sure if Dell's legal team researched that, but they should

When I first saw the domain in question, before I read the article, my first impression was that DellWebsites.com was somehow affiliate with Dell Computer since they sell server products, etc ... but then again, the registrant's surname is Dell too...

It's a real tossup as to has legitimate rights to utitilize the domain - this is one of those times in which perhaps Dell should settle and offer a nice cash settlement

Ron


Ron

 

[jberryhill]

but then again, the registrant's surname is Dell too...

Correct. But there is no absolute right to use your surname as a trade name or trademark. Your name might be "McDonald", but you are not going to operate a fast food restaurant under that name. Here, the question is more along the lines of whether Angus McDonald could sell McDonald's brand ground beef at the supermarket - i.e. it is not directly infringing, but the mark is famous enough that unrelated goods, or goods having some tangential connection to the same market, might be enough to cause confusion.

I have no opinion on Dell's claim here, but it is far from "ridiculous" as characterized above.

 

[FineE]

Correct. But there is no absolute right to use your surname as a trade name or trademark. Your name might be "McDonald", but you are not going to operate a fast food restaurant under that name. Here, the question is more along the lines of whether Angus McDonald could sell McDonald's brand ground beef at the supermarket - i.e. it is not directly infringing, but the mark is famous enough that unrelated goods, or goods having some tangential connection to the same market, might be enough to cause confusion.

I have no opinion on Dell's claim here, but it is far from "ridiculous" as characterized above.

The difficulty here is that if the mark is famous enough a case could be made preventing Angus McDonald from engaging in *any* kind of commercial activity and that opens a real pandora's box. Can an individual be preventing from engaing in any business activites just because of thier surname?

 

[Zeeble]

Enjoyed Reading it, Interesting.

 

[jberryhill]

Can an individual be preventing from engaing in any business activites just because of thier surname?

There is a difference between "engaging in any business activities" and using their surname as a trade name in connection with those business activities.

If your name is Joe Exxon, then, no, you can't start an oil company using your surname. Yes, Joe Exxon can start an oil company. He'll just have to call it something other than "Exxon's Oil Company".

Whether any individual can use their surname as a trade name is going to depend on the nature of the business and the nature of the mark.

 

[Dave Zan]

There is a difference between "engaging in any business activities" and using their surname as a trade name in connection with those business activities.

If your name is Joe Exxon, then, no, you can't start an oil company using your surname. Yes, Joe Exxon can start an oil company. He'll just have to call it something other than "Exxon's Oil Company".

Whether any individual can use their surname as a trade name is going to depend on the nature of the business and the nature of the mark.

So in this case, it appears both Dells then have "legitimate" causes. But one
question is what class/es Dell Computer's trademark/s is/are registered...for?
(sorry, don't know what's the proper preposition...)

So if Dell Computer does have a trademark for websites, then the Dell guy
here could be in trouble...could be, anyway...

 

[HOWARD]

"The difficulty here is that if the mark is famous enough a case could be made preventing Angus McDonald from engaging in *any* kind of commercial activity and that opens a real pandora's box. Can an individual be preventing from engaing in any business activites just because of thier surname?"

********************************************************

Not if he doesn't sell hamburgers.

 

[Dr. Domaining]

Wow, this is a very complex situation. It does seem pretty obvious that DellWebsites.com was trying to emulate DellComputers.com. It is a bad situation for both parties. Worse for DellWebsites.com, but they should of known better. I am sure neither party wants to be going through it, but Dell Computers needs to do what they need to do. We shall see what comes of it.

 

[FineE]

The issue here is a "famous mark" which is far from unique and the claim as far as I can see is possibly dilution not infringement. Dell computers does not sell web design and Dell web design does not sell computer hardware. So "Angus McDonald" is not selling hamburgers he is selling jeans, and I do not belive Exxon is a surname or has any use, other than as a trademark.

This is more like if Microsoft were to go after glass shops claiming dilution of the "Windows" mark or Apple computer were to go after apple farmers and claim dilution of "Apple" mark epecially if the farmers were selling the Macintosh variety.

Well lets see if sombody called Ford were to set up a website to sell feed for horses. Hmm...