DailyTech - Dell Inc. Sues Web Designer Named Paul Dell

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Internet Dell Inc. Sues Web Designer Named Paul Dell
Michael Hoffman (Blog) - February 18, 2006 2:37 AM

70 comment(s) - last by Griswold.. on Feb 27 at 1:22 PM

The computer company allegedly offered to purchase the site from Mr. Dell several years ago, but the deal was never completed

Paul Dell, owner of DellWebSites.com, an online web site design service, is being targeted by the online PC vendor Dell. Dell is allegedly committing "an act of parasitism" and creates "a risk of confusion" for consumers, according to Dell attorneys. Dell is being sued for $120,000 in damages to Dell America, $60,000 to Dell France, each remaining Dell company $48,000 and $600 for each time the word Dell is used on his web site.

(Paul) Dell is going to fight the charges in court, but it is obvious that his legal battle with the company will most likely be shortlived. Several years ago a similar case occurred when Mike Rowe was served cease and desist letters for MikeRoweSoft.com.

Update 02/20/2006: We have been informed that the computer company Dell never made an offer to purchase the domain from Paul Dell.

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technically, he may be right but

By msva124 on 2/18/2006 7:13:02 AM , Rating: 1

Why doesn't the guy just come up with a new name? Is it really that hard.

RE: technically, he may be right but

By ATWindsor on 2/18/2006 7:52:07 AM , Rating: 2

Why doesn't dell come up with a new name? Is it really that hard? (Why is it the small company that should give away and change their name?)

I can't help to feel that if dell had been a small company, their chance of winning would be significantly less.

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RE: technically, he may be right but

By brshoemak on 2/18/2006 9:31:23 AM , Rating: 3

"No way. Why should I change? He's the one who sucks."

-Michael Bolton, Office Space

too easy

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RE: technically, he may be right but

By msva124 on 2/18/2006 10:20:38 AM , Rating: 2

Dell Computer coming up with a new name would involve millions of dollars in marketing costs and losing many customers who were loyal to the Dell brand but didn't get the message about the name change. Would the decrease in profits be enough to necessitate a round of layoffs? It's hard to tell.

Dellwebsites.com coming up with a new name would essentially involve the website owner swallowing his pride. I find it hard to believe that his website makes any money to begin with, judging by its poor quality. He stands to make a lot more money by soliciting donations to his "legal defense fund". The whole thing looks very suspicious to me.

You're right, Dell Computer should change their name. I was wrong.

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RE: technically, he may be right but

By DallasTexas on 2/18/06, Rating: 0

He is right.

By Griswold on 2/18/2006 9:51:04 AM , Rating: 4

The only goof here is you, as this man is clearly older than the brand "Dell" paired with the fact that he has been running this site for several years, it is totally legit (if you apply common sense) that he is using his own name, which happens to be his companies name as well (just like Michael Dell names his sucky company just "Dell"). Why does the smaller one has to give in? His website doesnt even remotely look like a site of that other Dell company.

Crap like this happens way too much, the big dog bullies around the small man just because they can - not because there is any good reason for it. And I'm sure they didnt even try to solve this matter in a civilized manner.

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Here's why you're an idiot

By DallasTexas on 2/18/06, Rating: -1

RE: Here's why you're an idiot

By overclockingoodness on 2/18/2006 10:53:49 AM , Rating: 2

I agree. It's not about morals, it's about laws. Dell has to protect its brand if they want to continue to use it. Right now, they can do that easily with a single guy, but once people realize that Dell isn't going to protect their brand, we might have 100 different companies pop-up with 'Dell' in their name. And then Dell would lose its trademark on the name.

It's not a matter of big vs. small company. The website guy could've sued Dell if Dell was starting out now, but that's not the case.

And the idea: "Why can't Dell change its name?" What kind of an ignorant question is that? Dell has spent millions into building a brand, and brand is everything. Dell would die if it had to change its name. Some of you are so anti-big companies that you babble on for no reason.

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RE: Here's why you're an idiot

By bbomb on 2/18/2006 11:54:07 AM , Rating: 2

So the guy should be required by law to change his real name too because Micheal Dell said he has too so that family member wont be confused either? The guy is using his name in his companies name just like Micheal Dell did and I see nothing wrong with that. Whos to say that Micheal Dell isnt stealing customers from dellwebsites.com?

All companies should be banned from using any form of their name in the company name plain and simple and stupid little lawsuits like this where Dell simply wants to force a man into bankrupcy and homelessness with the sole intent of ruining his life as much as possible will end.

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RE: Here's why you're an idiot

By MrSmurf on 2/18/2006 3:34:18 PM , Rating: 2

You can change your name to Micheal Dell if that pleases you but the moment you start telling people you're the actual Micheal Dell and using that name to your benefit (or against him), yes, you can be sued by him.

But comparing your personal name to the name of a website is asnine and your logic is seriously flawed.

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RE: Here's why you're an idiot

By mindless1 on 2/18/2006 4:06:37 PM , Rating: 2

If you tell people you're Micheal Dell and that IS your legal name, no you cannot be sued for that. There is no reference nor measures to attempt suggestion of this Guy's website being affiliated with Dell Computers. Writing "you can be sued" is pointless, sure you can be sued for anything and that doesn't make it valid rather than an abuse of the legal system.

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Exactly!

By DallasTexas on 2/18/06, Rating: -1

RE: Here's why you're an idiot

By metallic on 2/18/2006 2:46:48 PM , Rating: 2

A brand is a item protected by trademark. Still sure you know how things work?

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RE: Here's why you're an idiot

By Griswold on 2/27/2006 1:22:44 PM , Rating: 2

Somebody should beat some common sense into you, that is for sure. Brand, trademark or not, this is pathetic and the reasoning is pathetic as well as people like you who defend Dell Corp. are pathetic.

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RE: technically, he may be right but

By Christopher1 on 2/18/2006 7:06:31 PM , Rating: 1

The problem is, this guy owned the rights to this website name LONG before Dell ever got into the internet market.
Therefore, Dell should either pay him millions of dollars for the website, should back off, or should have their case dismissed.
It also the fact that his website is named after HIMSELF. That is what the court is going to look at, and they are going to be extremely skeptical of Dell computers claims.

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F DELL!!!

By Sunbird on 2/18/2006 6:30:01 AM , Rating: 2

This is just stupid, I dont consider it cybersquating, you guys?

RE: F DELL!!!

By fliguy84 on 2/18/2006 6:32:58 AM , Rating: 2

I don't know. This is kinda stupid IMO but who the hell would think that 'dellwebsites.com' is a legit website for Dell? -_-;;

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RE: F DELL!!!

By wileec on 2/18/2006 1:48:26 PM , Rating: 2

Dell is just as common of name as Garcia, Hernandez, etc... Yet no one complains about that. This is just stupid. If the guy's legal name is "Paul Dell", he has legal right to call his website after his name.

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RE: F DELL!!!

By MrSmurf on 2/18/06, Rating: 0

RE: F DELL!!!

By aGreenAgent on 2/18/06, Rating: 0

RE: F DELL!!!

By MrSmurf on 2/18/2006 7:07:27 PM , Rating: 2

Lawsuits only get tossed out it there not based on any claim for damages. There is a claim of damages in this case, many people have quoted the exact statue.

The guy may win but it will not get "tossed out".

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RE: F DELL!!!

By mindless1 on 2/18/2006 3:56:11 PM , Rating: 2

LOL

You actually think a suit is automatically legitimate if it's filed? Sorry but that's so backwards it's unreal.

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RE: F DELL!!!

By MrSmurf on 2/18/2006 7:02:34 PM , Rating: 2

I think I may know a little about the process being in law school and all. If a lawsuit isn't justifable, the defendant files a motion to dismiss, the plaintiff files their objections and it's dismissed. Cooperate lawsuits will NOT sue if it were as easy as you think it is. Lawsuits are very expensive.

Using the name "www.dellwebsites.com" applies that "dell" is a name of a company. They have a legitimate case whether you want to believe it or not.

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RE: F DELL!!!

By CheesePoofs on 2/18/2006 4:34:43 PM , Rating: 2

remember that dell users visit the dell website.

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RE: F DELL!!!

By tmp8000 on 2/18/2006 4:23:51 PM , Rating: 2

I could be wrong, but I thought how trademark laws and copyright laws worked is that if you suspected that someone is infringing you were required to sue or otherwise you could easily lose said trademark or copyright. In these situations Dell probably honestly doesn't care if it loses, it is just throwing the lawsuit out there so that this situation cannot be used against them in the future.

Btw I am in no way a fan of Dell, this is just something that I had heard awhile back because of the MikeRoweSoft thing.

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Dell needs to back off

By SilverBack on 2/18/2006 7:18:50 AM , Rating: 2

Obviously the man has a website design company.
It is his name.

If Dell wants it so bad they should pay him what he wants for it.
If he doesn't want to sell that's Dell's PC problem.
Trying to force issue with someones real name should be illegal.

RE: Dell needs to back off

By Westfale on 2/18/2006 7:50:31 AM , Rating: 2

quote:
Trying to force issue with someones real name should be illegal.

exactly.

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RE: Dell needs to back off

By AlexWade on 2/18/2006 9:31:23 AM , Rating: 2

Remember Mike Rowe and his software comapany Mike Rowe Soft. How did that work out for Microsoft? Not good, they lost in a big way. The same thing will happen here.

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RE: Dell needs to back off

By Anvar on 2/18/2006 10:19:24 AM , Rating: 2

In Denmark some years ago McDonald's sued a guy with a hotdog shop because he used the name McAllan. His name was actually Allan (first name), but McD still lost. So, if they lost their case, common sense would dictate that Dell would lose this one. But then, common sense and law are rarely compatible...

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RE: Dell needs to back off

By MrSmurf on 2/18/2006 3:39:02 PM , Rating: 2

What are you talking about? In fact, that previous case is mentioned in this article. The guy gave into Microsoft.

That case was a little more obvious since guy's URL was pronounce the same as "Microsoft".

What you people don't understand is that the system does not work how you think it should work. It NEVER does. This guy will probably lose and in the process he'll have to spend thousands of dollars fighting it hence he'll probably cave in as well.

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Doubtless This Will Make It to Court

By Ard on 2/18/2006 3:18:58 PM , Rating: 3

There are a number of terms that ppl are throwing around that are just completely wrong and off-base. First and foremost, Dell does not have a copyright in the word "Dell" or their brand. What Dell has is a trademark in the symbol "Dell". What they're suing on is trademark dilution and cybersquatting, governed by the ACPA. The reason I say this is not going to make it to court is twofold. #1, this case will probably be settled, and #2, I don't believe a reasonable court correctly applying the law would find for Dell.

Why do I think a reasonable court wouldn't find for Dell? Simple, the law isn't in their favor. To be liable for cybersquatting, Dell has to prove a number of things:

quote:
(i) has a bad faith intent to profit from that mark...; and (ii) registers, traffics in, or uses a domain name that -- (I) in the case of a mark that is distinctive..., is identical or confusingly similar to the mark; (II) in the case of a famous mark..., is identical or confusingly similar to the mark.

There's also a bad faith determination that's factored in, which includes simply registering the domain name for the sole purpose of gaining profit from the mark's owner rather than using it for some bona fide purpose. The distinction btw famous and distinctive, for those that are wondering, is famous pertains to celebrity marks (Britney Spears name for example). Distinctive is something that has exposure as a brand (AMD, Intel, Dell, VW, etc.).

Now, if we apply the law to the facts at hand, I think it's pretty obvious that Dell can't win. If you go to Paul Dell's website, there's absolutely nothing there that would indicate that it's confusing or identical with Dell's mark. The website provides web design services by Paul Dell, hence the name "Dell Web Sites". Any idiot on the street would know that "Dellwebsites.com" has nothing to do with "Dell.com", either by going directly to the site or just by seeing a Dell commercial. Even taking the two at face value, there's nothing confusing about them, other than the fact that they both contain the word Dell, and that's simply not enough.

Well, that blows the 2nd prong out of the water, but what about the first? Did Paul Dell have a bad faith intent? Gotta say no on that count as well. He's had the website for a good number of years now and was even offered to sell it. The deal simply never went through. Some of you might argue that he was holding out for more money but I highly doubt that's the case. Why? Because Dell wouldn't have offered anymore than what they originally put on the table. Why do you think they're bringing suit now? The fact that Paul Dell tried Dell.com, found out it was taken, and came up with Dellwebsites.com also speaks to the fact that this wasn't bad faith. Oh, and there's also just the small fact that Dell happens to be the guy's last name.

Like I said, any reasonable court applying the law isn't going to find for Dell on this issue. There's absolutely no confusion btw the two marks, nor is there any dilution. And there certainly wasn't any bad faith, as Paul Dell has been using his site for a number of years to advertise his design services. Those of you who think I'm wrong are more than welcome to debate this. For more on a situation similar to this, you might want to check out Virtual Works v. Volkswagen of America, Inc., 238 F.3d 264 (2001).

RE: Doubtless This Will Make It to Court

By Ard on 2/18/2006 3:21:13 PM , Rating: 2

Oh, 1 other thing, Dell tried this before in 2002 but didn't bring suit. I think we know why based on what I've just discussed.

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RE: Doubtless This Will Make It to Court

By cubby1223 on 2/18/2006 3:47:15 PM , Rating: 2

Dell doesn't care if they will likely loose in a court case. I'm sure the idea is to at the least force the other person to come up with hundreds of thousands or even millions of dollars to pay all the court & lawyer fees before a verdict is ever reached. The guy goes broke, that's a victory for Dell.

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RE: Doubtless This Will Make It to Court

By Ard on 2/18/2006 3:58:21 PM , Rating: 2

This is undoubtedly true. However, if the Court sees this is as being something completely off-base, they could award Paul attorney's fees.

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Stupid

By tjr508 on 2/18/2006 7:19:54 AM , Rating: 2

If he goes in there and says "like a million other people my name is dell" who in their right mind would side with the big dell.

Last time I checked, web site design and PC building were two separate businesses.

I'd be just fine with someone wanting to produce a microsoft pillow.

My favorit similar case has to be nissan.com althpough this old man is using 50% of his web real estate to trash the automaker so i doubt he will hold on much longer. That and his page is full of total BS and false hostory. He even had the nerve to turn down like $2million a few years back.

this website guy is 100% legit so that's a different story.

RE: Stupid

By smokenjoe on 2/18/2006 8:07:45 AM , Rating: 2

That is just wrong. Dell is just a big bully. Lets boycott Dell oh wait no one who knows anything aout computers would buy one anyway. OK I contributed to the little guys defence fund to help fight aganst bad buisness.

http://www.dellwebsites.com/donations.html

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RE: Stupid

By Hacp on 2/18/2006 8:13:54 AM , Rating: 2

Totally agree.

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Regarding the boycott

By dashrendar on 2/18/2006 10:01:16 AM , Rating: 2

I totally agree with the boycott. But before we do that, let me first buy a Dell laptop and 24" wide-screen monitor.

RE: Regarding the boycott

By trabpukcip on 2/18/2006 10:44:38 AM , Rating: 2

Lol I want a 2405 LCD as well.

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RE: Regarding the boycott

By PLaYaHaTeD on 2/18/2006 1:19:09 PM , Rating: 2

I want a....oh wait, i'm looking at this post on my 2405fpw.

[thinks for a second]

I want a 3007fpw!

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IOC & the olympics

By NotquiteanooB on 2/18/2006 11:09:14 AM , Rating: 2

This reminds me of the hassles the IOC give to users of the word Olympic. In every city that hosts the Olympics, they go after anyone using the word Olympic(s). In Utah (2002) and in Vancouver (host of the 2010 Winters); there are Olympic Cafe; Olympic Pizza; Olympic Dry Cleaners etc. They must change their name and not use Olympic again..... very heavy handed, I'd say. But I notice they haven't gone after the City of Vancouver to change the Olympic Street name !

RE: IOC & the olympics

By vmissouril on 2/18/2006 11:31:53 AM , Rating: 2

Well, I cant use my last name as a website since its Missouri. but im not gonna sue the state. If I use my first name that could be a problem too since there is a county in Missouri called Vernon.

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RE: IOC & the olympics

By Visual on 2/18/2006 12:15:48 PM , Rating: 2

Oh man, you should totally move there... Half your mail probably went there up to now anyway ;)

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Cant Stop Him

By pmercier18 on 2/18/2006 8:40:34 AM , Rating: 2

whitehouse.com

totally different from whitehouse.org, if the governemnt could not force this guy to change or sell his domain name, then why can they force Paul Dell from his web site, which is in his LEGAL NAME!

RE: Cant Stop Him

By MrSmurf on 2/18/2006 3:42:27 PM , Rating: 2

The Whitehouse isn't a cooperation nor is it a registered trademark.

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F Dell

By stumpicus on 2/18/2006 9:09:04 AM , Rating: 2

dell suck ass anyways!

RE: F Dell

By CurtOien on 2/18/2006 9:36:09 AM , Rating: 2

I looked at his site.
I think he should sue Dell for harassment.

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Just pay him off.

By trabpukcip on 2/18/2006 10:43:09 AM , Rating: 2

It would be in Dells best interest, to just bribe him with a free PC or something, otherwise it could turn into a PR disaster area. Send him a Quad SLI system that will probably make him change his mind.

Didn't Mike Rowe score an XBox and some other stuff and he now works for Microsoft?

RE: Just pay him off.

By metallic on 2/18/2006 2:51:20 PM , Rating: 2

No, he's got his own IT company now that does web design. You can find the website at http://www.mrstudios.net

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Another point about good faith

By Stephanie on 2/18/2006 5:34:04 PM , Rating: 2

I'm a personal friend of Paul's and know him quite well (online). You can Google me if you like -- Stephanie Sullivan. I do web development, speak, write and train.

I agree with the above synopsis of how the legal process will likely work. And to add one more thing showing Paul Dell is acting in good faith, he also does photography. Guess what Paul's photography company is called (use his formula and you'll get it on the first guess ;) )? Dell Images - http://www.dellimages.com (lovely images of Menorca Spain where he lives.)

So in Paul's mind (maybe he's not so creative about coming up with names), he uses his last name and what he does. www.dellwebsites.com is where he builds websites. www.dellimages.com is where he displays and sells his photography. Hey, it ain't rocket science, but it works.

I'm one of the people encouraging him to fight and trying to help get the word out to the press. I do realize that corporations have to defend their trademarks, my husband knows all that stuff and we've discussed it ad nauseum. But I also know that most times, it does NOT get tried because the little guy just rolls over (how can most afford to fight?). Many times when they DO fight, they win. I mean, the corporations get ridiculous -- Microsoft was finally slowed down in their process of going after everyone even remotely related when the court wouldn't allow that www.mocosoft.com could be confusing. Perhaps they were trying to sue for all the illiterate people in the world who thought that was how their name was spelled, dunno... But it does get absurd at times.

Paul doesn't make computers. Paul doesn't even make software. Paul simply does web design WITH a computer. Paul has a web template he sold for 35Euro called Sunflowers. It's very pretty. He's giving that away as a free download to thank anyone that contributes any amount to his defense fund. My friend Paul is a very cool guy and I hope some of you will help us help him. :)

RE: Another point about good faith

By rushnrockt on 2/18/2006 6:24:35 PM , Rating: 2

I can understand his perspective, but in the eyes of the law, he is just too late to be using his name. There have been several cases where people were actually FORCED to change their names in order to be able to continue their businesses. Similar problem with a big company you can find at www.nissan.com
Also, if Paul really wanted to battle (Michael) Dell's lawsuit, his main page would be helped a lot by a disclaimer noting no affiliation with Dell Computers. Might not be exactly the most stylish statement to have, but would undermine the case, especially if it was done for an extended period of time.
Considering that the lawsuit is not Multimillion dollar as they usually are, it has a great chance of succeeding. I am not sure if anything will appease Dell Computers at this point of time, but I would drop the case if there was a distinct disclaimer on the first page.
For all the ones claiming that the case has no merit, sorry to disappoint, the precedents are just overwhelmingly in favor of Dell Computers. Good luck to Paul figuring everything out.

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Dell is in financial trouble!

By aspartame on 2/18/2006 7:21:27 PM , Rating: 2

I think Dell is in deep financial trouble, they need this money desperately.

RE: Dell is in financial trouble!

By rushnrockt on 2/18/2006 9:17:00 PM , Rating: 2

That's one lame joke.

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yes, Dell could win this case

By HardwareD00d on 2/20/2006 10:45:12 AM , Rating: 2

I know of a story that happened to the owner of a winery in New York called Bully Hill Vineyards. The owner was named Walter Taylor, and Taylor Wine Company successfully sued and prevented him from ever using his last name on his own wine bottles. These things do happen believe it or not!

RE: yes, Dell could win this case

By ted61 on 2/20/2006 9:43:02 PM , Rating: 2

I agree that Dell will probably win this case but Taylor using his name on a bottle of wine is much different from Dellwebsites. Dellwebsites has nothing to do with computer hardware where Taylor is an established wine brand. Mister Taylor was making wine. Taylor putting his name on a bottle of wine is an exact conflict. My seven year old would have a hard time confusing a web page with a computer.

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Likelihood of Confusion? Only an idiot would get confused.

By WhipperSnapper on 2/18/2006 8:31:04 AM , Rating: 2

The term "Likelihood of Confusion" is trademark infringement talk. No one but an Internet noobie would get confused. Just about everyone knows that if you're looking for a large companies website you first go to CompanyName.com.

Since Dell is his last name and he offers web services, I don't see why this should really be a problem. Only an idiot would get confused, and it's unlikely that idiots would have the money needed to purchase many Dell products anyway.

Big Bully Dell

By bribud on 2/18/2006 10:06:24 AM , Rating: 2

I didn't think it was possible, but I now actually have even less respect for Dell (the big company).

By bbomb on 2/18/2006 11:57:44 AM , Rating: 2

I think that Dell should lose their rights. Its fucked up that anyone named Dell for the rest of eternity can never use their name in their company name.

McDonalds...

By FoxFour on 2/18/2006 12:18:22 PM , Rating: 2

McDonalds sued an old Scotsman several years ago for operating a restaurant named "MacDonald's". The Scotsman's restaurant pre-dated the McDonalds franchise by decades, was a completely different "dining" experience targeted at a completely different market, and the name was not even spelled the same.

McDonald's won regardless. The money always wins.

Let's get this straight.

By Matrinix on 2/18/2006 12:52:49 PM , Rating: 2

The only reason Dell is allowed to sue DellWebSites.com is because of trademark laws. Dell owns the trademark for the name "Dell" when regarding computer related business. Since DellWebSites consists of the name Dell, then it is trademark infringement. Also, since DellWebSites.com was established first supposibly - it is the owner's own fault. He had the ability to trademark his name thus protecting him from such legal problems but chose not to. Anyone can apply for a trademark. Now, about Big Company VS Small Company - if DellWebSites.com would've been trademarked before Dell was established - the small company would win; however, since this is not the case - the big company will most likely win. I say someone mention McDonalds vs McAllen... the only resemblence the name has is the Mc so it's almost common sense it wouldn't hold up in court.

Stupid, Stupid, Stupid...

By rmarriner on 2/18/2006 1:18:32 PM , Rating: 2

This is the most absurd thing I've heard. The guys last name is Dell. How can Dell Computer sue a guy for his last name? If Dell Computer wins where would this type of action stop? Maybe soon Dell can sue him for his name and he'd have to change his last name because it is an infringment upon Dell Computers trademark. Oh, and forget that cute little "Old McDonald had a farm... yup, can't sing that to your children without paying royalties to McDonalds Corp. Come on people, lets have some common sense. That is just bull honky.

Am I going to get Sued Too?

By seancaddell on 2/18/2006 1:46:38 PM , Rating: 2

This is totally outrageous! dellwebsites.com has a page rank of 4, it takes frickin ages to accomplish that. Dell can f*!£ off. Does this also mean that Caddell.com is in trouble? What is the difference I ask????? If you want a Dell computer you go to Dell.com simple, everybody knows how to get to Dell's website it's not like this guy is stealing from them. I would not assume that dellwebsites.com is in any way related to Dell.com. If Dell really wanted to protect their name then they should have purchased every damn incarnation of the Dell as part of a url. Let's start with Dellsite.com, delluser.com and finish with dellsucks.com. I'm buying ACER from now on. Dell YOU STINK!!!!!!

In...

By Chadder007 on 2/18/2006 2:16:51 PM , Rating: 2

Im in for boycotting of Dell

i'm reminded...

By cubby1223 on 2/18/2006 3:43:09 PM , Rating: 2

of when Spike Lee sued the cable station over wanting to change it's name from TNN to Spike TV.

There was a piece on tv a while ago about people have named their children Espn, or Espyn, or simaler, after the sports network. ESPN is cool about it, but just imagine when corporations assume the rights to file lawsuits over personal names...

Similar case with Mocosoft vs Microsoft

By geekscommx on 2/18/2006 3:51:51 PM , Rating: 2

Paul dell should consider a similar strategy of mocosoft.com an make the process in spanish, their native lenguague.

"Tras el análisis de algunas cuestiones de carácter formal, los panelistas de la OMPI deciden desestimar la demanda por varios motivos. Entre ellos, el principal radica en que "el Grupo cree que si bien los dominios en disputa tienen algún parecido con la marca Microsoft, los mismos no son similares "hasta el punto de crear confusión" con la marca."

http://www.latinoamericann.org/modules.php?op=modl...

Fair is fair

By mindless1 on 2/18/2006 4:12:01 PM , Rating: 2

It seems there's only one fair way to resolve this. They both have to give up the name "Dell" in their domain name.

Or maybe even more fair, since Dell Computers feels this can't work, THEY should give up their Dell name on the 'site but Paul Dell shouldn't.

Diluting brand?

By Sunbird on 2/18/2006 5:27:48 PM , Rating: 2

This is to all those that say that if they don't sue, they weaken the brand/dilute the brand/etcetera and thus the shareholders want/need them to sue:

The bad/negative publicity gained from this action also results in the same type of thing.

Maybe it would have been smarter to take a nice thought through middle road?

corporations suck

By mforce2 on 2/18/2006 10:01:38 PM , Rating: 2

OK this is too much already and I must say that (american) corporations suck big time .
First there's Microsoft that owns the name Windows , Windows it's a trademark . Now there's Dell that owns the common family name Dell . I think Dell Computers should be a trademark and Microsoft Windows or Windows XP , Vista but they have no right to just confiscate common words as they please.
Next thing you know one of these companies will make the words air , water and earth trademarks and any reference to then will be a no-no . We'll just say : what we breath instead of air .
Oh and the patent thing si also getting ridiculous with all kind of patent claims like the silly old FAT or an interface or MPEG 4 . Seems that there isn't much out there that a company doesn't have a patent somewhat related and they will let you expand and then they'll sue of course .
Any american corporation out there that has a patent for the wheel ? Oh come on you guys don't be modest . Just think of the market out there . 1 $ a wheel ... well I've got a bike so you'll only get 2 $ from me .
Just my 2 cents :) .