Dell joins domain name hall of shame (again)

[jberryhill]

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

Are computers and website design services as far apart from each other as hamburgers and jeans?

I think we are closer in the analogy if Angus is selling grills for cooking hamburgers, or if he is selling hamburger condiments. Fast food and clothing aren't as closely related as computers and web-related stuff are. But this does provide a good example of why a lot of trademark/domain questions are not readily answerable in the abstract, or by analogy, but depend on the specific facts of the situation. Additionally, the question is whether the ordinary consumer, given the care and attention that the relevant consumer might apply to the question, would be likely to assume that there was some sort of sponsorship or association between Dell and DellWebSites.

This dispute is not a no-brainer on either side.

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

Someone named Ford did start a modeling agency, and the Ford agency is one of the more well-known businesses of that kind. However, the account named Ford who started a financial services website DID have to stop using his name, since the car company also runs a substantial financial services company.

 

[Fearless]

I used to own delloutlet.com. They emailed me the lawsuit they'd be filling if I didn't give them the name. It was time for renewal so I let it drop.