Dell sues Web designer Paul Dell RE: www.dellwebsites.com

Discussion in 'Legal Issues' started by exam, Feb 17, 2006.

  1. advancedfuture

    advancedfuture Banned

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    #21
    Holy crap I didn't even know domain registration went back that far!:confused:
     
    advancedfuture, Feb 21, 2006 IP
  2. redz

    redz Well-Known Member

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    #22
    yea, i had to look it up myself on whois ;)
     
    redz, Feb 21, 2006 IP
  3. advancedfuture

    advancedfuture Banned

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    #23
    advancedfuture, Feb 21, 2006 IP
  4. xoticpt

    xoticpt Peon

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    #24
    that stupid... thats like saying the local paper in my town can come sure my b/c they trademarked cincinnati.com and my website contains the word cincinnati...
     
    xoticpt, Feb 21, 2006 IP
  5. redz

    redz Well-Known Member

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    #25
    true, it is stupid, but does the local paper have a domain?
     
    redz, Feb 21, 2006 IP
  6. DomainMaster

    DomainMaster Banned

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    #26
    This is insane. Is MoDELLs.com next on their list? LOL
     
    DomainMaster, Feb 21, 2006 IP
  7. mjewel

    mjewel Prominent Member

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    #27
    No, it's not the same. You can't trademark common place names like Cincinnati, or apple - but start a company like Apple Computers and you can trademark the use of "Apple" for anything connected to computers because its being used in a unique way. Trademarks are granted by classification. Dell has a trademark on the use of the name for anything to do with computers or web related business. If the guy had registered DellCandy.com he wouldn't have any problems because it's a usage that doesn't have anything to do with computers or a "web related" business.

    If you see a domain called dellwebsites, does it cross your mind that it might be a business of "Dell computers"? Is the domain being used for a "web related" business? Do you think the guy who registered was hoping to that people would think it was related to "Dell Computers"?
     
    mjewel, Feb 21, 2006 IP
  8. peterstannard

    peterstannard Peon

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    #28
    Plain stupid. The big guy picking on the little guy.
     
    peterstannard, Feb 22, 2006 IP
  9. Perrow

    Perrow Well-Known Member

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    #29
    Just think what Apple could do in Scotland :eek:
     
    Perrow, Feb 22, 2006 IP
  10. iatbm

    iatbm Prominent Member

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    #30
    His name is dell and he makes websites .... i dont see any problem with this.
    Dell company is angry and furious hehe but that man has every right to use dellwebsites trademark ! We will see how this will go on ....
     
    iatbm, Feb 22, 2006 IP
  11. mad4

    mad4 Peon

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    #31
    The point is that Dell computers owns the dell trademark. Fact.

    If somebody else uses the trademark (even if its their name) they are in the wrong.

    If I change my name by deedpoll to Google and start a website called googlewebdesignservices.com do you think I could get away with it by saying it was my name?
     
    mad4, Feb 22, 2006 IP
  12. iatbm

    iatbm Prominent Member

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    #32
    if he has registered dell websites trademark than he may as well use that :)
    well he is from spain and i dont really understand ... is dell trademark registered in spain too .... hehe ? This case shows big companys ignorance ....

    Now we should think here on digitalpoint how to support Dell designer i mean not company :)
     
    iatbm, Feb 22, 2006 IP
  13. mjewel

    mjewel Prominent Member

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    #33

    You're wrong. Your legal name gives you no right to infringe upon a trademark. This is not speculation, but a fact. There are hundreds of thousands of people with the last name of McDonald - so using that logic, if they had a business selling hamburgers, they could forget about paying a couple of million for a franchise and just use the name "McDonalds".
     
    mjewel, Feb 22, 2006 IP
  14. mjewel

    mjewel Prominent Member

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    #34
    He didn't register the trademark, and you can't register a name that is already in use.
     
    mjewel, Feb 22, 2006 IP
  15. iatbm

    iatbm Prominent Member

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    #35
    He registered Dell Webistes company !
    And what does Dell France and Dell USA have to do with Some guy from Spain. He Registered his company in Spain. His company is registered by the name Dell Websites !

    Now we all know that founder of dell is dell ... so what gives him the right to make trademark out of his name .... Dell Computers ... Dell Websites .... two different things !
     
    iatbm, Feb 22, 2006 IP
  16. mjewel

    mjewel Prominent Member

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    #36

    Dell Computers owns an International trademark. They OWN the rights to use "DELL" in anything that related to web related services. You can't add to the word "DELL" and get around infringement. If this guy wanted to sell dell hamburgers, then he wouldn't have any problem.
     
    mjewel, Feb 22, 2006 IP
  17. iatbm

    iatbm Prominent Member

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    #37
    man you just dont understand ... he owns a company which is registered as dell websites.... this is not trademark this is name of the company so he can sure have dellwebsites.com domain :)

    haha who gave them international trademark what are you talking about :)
    did they register in Spain.... dont think so just in usa and france ....

    so this is how it goes --- someone in USA register sometrademark and this is worldwide ... yea right ...
     
    iatbm, Feb 22, 2006 IP
  18. iatbm

    iatbm Prominent Member

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    #38
    p.s. I see i am getting reds for my postings here :( looks like some people just cant stand different opinion and are acting exactly like thos big ignorant companies. well certanly i can see some supporters of big Dell. Just think if that kind obscure behaviour big Dell shows on small dell is good for mankind and business in the future

    thank you and good luck to all ... i am off here
     
    iatbm, Feb 22, 2006 IP
  19. mjewel

    mjewel Prominent Member

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    #39
    You need to do some research.

    The funny thing about your statement is that it is the "Madrid Agreement Concerning the International Registration of Marks" and the "Madrid Protocol" which governs International trademarks. You do know where Madrid is located, right? lol
     
    mjewel, Feb 22, 2006 IP
  20. iatbm

    iatbm Prominent Member

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    #40
    ehh and still you dont understand ... he registered company which name is dell websites, it is not trademark but name of the company :)
     
    iatbm, Feb 22, 2006 IP