I need help for domain dispute with Dell.

Discussion in 'Domain Names' started by fatehseo, Jan 20, 2010.

  1. #1
    I'm a Chinese in China and sorry for my poor English. I registered some domains starting with "dell", like dellmini9 .com & dellmini12 .com years ago, and forward the domains to a simple website with Google text ads to get some click earnings.

    I just received a letter from Dell's lawyer today:

    ---------------------------------------
    Trademark Infringement By:
    dellmini12 .com
    dellmini9 .com

    Dear Mr. Tang:

    I write on behalf of Dell Computer Corporation (“Dell”), to demand that you immediately stop all use of the above domains and transfer them to Dell. As you know, Dell is an internationally famous designer, marketer and seller of computers, handheld devices and related products and services, and sells its goods around the world through its websites which incorporate the DELL trademark.

    Dell has used its DELL trademarks since at least 1971 and this trademark is the subject of US Federal Trademark Registration Nos. 1,616,571; 1,860,272; 2,236,785; 3,215,023 and others, all of which may be viewed at www.uspto.gov. Similar trademark registrations are owned in China. These world famous trademarks have come to be associated exclusively with Dell in the minds of consumers.

    Without the permission of Dell, you own the above-listed domain names (the “Infringing Domains”) and use them to forward visitors to your various websites. These sites feature links to goods and services which are infringing upon or directly competitive to those offered by Dell and you may be obtaining financial and commercial gain from these sites.

    In any case, your misuse of Dell’s trademarks constitutes infringement of such marks in that it creates a likelihood that purchasers will be confused and deceived as to sponsorship or affiliation. Your use thus constitutes violations of the Trademark Act of 1946, 15 U.S.C. 1114 and 1125(a) as well as the laws of China. You are liable for damages, profits, and payment of our attorneys' fees under U.S. trademark law, Lanham Act Section 35 (15 U.S.C. § 1117).

    Dell demands that you:

    1) immediately cease and desist from any and all use, advertisement and display of any domain name or web address which includes the word “dell”, including the Infringing Domains; and

    2) provide us with a list of any other domains you own which incorporate Dell’s famous trademarks or misspellings thereof; and

    3) transfer the Infringing Domains, and all other infringing domains you have identified in item 2 above, to Dell.

    You are strongly encouraged to seek the advice of a lawyer in connection with this matter. Demand is also made that you or your legal counsel contact the undersigned in writing, within Five (5) calendar days acknowledging that all commercial activities with regard to the Infringing Domains have been terminated and that you unlock the domains and provide us with a transfer authorization code for each.

    -------------------------------------------------

    OK, I've closed the sites, but I don't want to lose my names. What should I do next to protect myself? I'm in China and can't offer a lawyer, I need some kindly advice, thank you very much.
     
    fatehseo, Jan 20, 2010 IP
  2. Colbyt

    Colbyt Notable Member

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    #2
    You should get the same advice here you got in the other forum where you posted this:

    Give them the domains before you lose an ICCAN dispute and it costs you some real money.

    Dell is a trademarked name and you violated their class usage with your sites. You have no defense.
     
    Colbyt, Jan 20, 2010 IP