"Paul Dell has been summoned to appear before the Tribunal de Grande Instance Paris because he owns dellwebsites.com
"Paul uses the web address to publicise his web design business, but is accused of parasitism and unfair competition. Dell America seeks €100, 000 in damages, €50,000 for Dell France, plus another €500 for every mention of the word Dell on his website.
Cheap publicity for sure but this type of publicity looks pathetic.
This sort of thing leaves a sour taste in my mouth.
KNOCK IT OFF AND LEAVE THE MAN BE!
If Paul Dell resold whitebox PCs and called his website DellComputers.com would you see things differently?
Why . . or why not?
What if he started his business of selling whitebox PCs before Michael Dell started his business?
Do you think that simply because the fate of ancestry has bestowed a surname on someone that gives that person an undeniable right to do business in that name?
So Phil McDonald call sell hamburgers as McDonald's Hamburgers?
If Janet Smith, a whitebox PC seller married Paul Dell and took his name would it be fair to restrict her claim to start doing business as DellComputers?
So, if Paul Dell launches DellWebsiteHosting after Dell Corporation launches DellHosting . . .
I think the line isn't so bright but I tend to lean towards the side the says "let Mr. Paul Dell alone". Dell started out as a computer seller. That's where it's brand is well established. Later, to expand his empire Mr. Dell branched out into . . everything. So, in theory, DellCorp could position itself to claim everything web/PC/ISP/hosting/website/etcAdNauseum falls within it's unique and exclusive brand.
At some point that argument needs to break down.
At some point the issue of [i]marketplace confusion and the other elements of brand - such as logos, unique use of color (black/iridescent blue) - needs to come into play.
I'd defend Mr. Paul Dell right to offer his services as Dell Websites.
But, he'd have to pay me. :)
If Paul Dell resold whitebox PCs and called his website DellComputers.com would you see things differently?
What if he started his business of selling whitebox PCs before Michael Dell started his business?
So Phil McDonald call sell hamburgers as McDonald's Hamburgers?
All basic trademark issue stuff.
As far as I know, Dell Computers does not offer web design services. So Paul Dell should be well within his rights to use the domain name. And he should eb able to continue to use the domain name should Dell Computers decide in the future to get into the web design business.
If Paul Dell was using a logo similar to the trademarked Dell(tm) logo or similar color scheme, then I could see some grounds. But looking at the site, I don't think there is any way people would confuse Paul's site/company with the big D.
PaulDellWebsites? Less confusing?
Overzealous brand protection? No real chance for confusion as long as Paul behaves responsibly?
Wonder what his direct navigation traffic looks like? No offense that people click through and say "Hey, this isn't (Big)Dell" in my book. The "confusion" - if any - evaporates instantly.
Still, PDellServers? DellServerHosting?
I don't see as close a call on DellWebsites and it's a shame that Mr. Dell may have to defend himself, but maybe there will be justice in the end.
Show me how this presents any "unfair competition" For Dell? Its just silly and they should be ashamed of themselves. There are bigger fish to fry than some little web site designer who happens to be named Dell!
Get over yourselves Dell and find something more productive for your lawyers to do!
Doesn't mean BigDell wouldn't like to extend the brand . .
So who decides then where they must potentially stop expanding? Tomorrow they decide to build websites, then it's web applications, then it's writing applications, then it's selling applications, then it's selling hamburgers....
I know you're just playing D.A. Webwork, but they (Big Dell) need to pull their head out of their backsides. Anyone who confuses LittleDell's site with BigDell's I strongly suspect wouldn't be able to start a computer up in the first place.
But of course, only he knows that. ;)
Well, good luck to Mr. Dell #2. He'll need it.
Gads, it's the Nissan story all over again.
Not quite. Nissan's actually been trademarked since the 1950's (I think, still trying to find the link where I found it).
What people oughta know is that current TM laws do not give unqualified uses for a name. You can't just use your name Xerox to put up a photocopying business or your name Shell to put up a gas station.
Of course, it's mostly a matter of "timing".
As one seasoned TM attorney mentioned in another forum of this same discussion, a good "parable" is from the movie "Coming to America". ;)
[tarr.uspto.gov...]
Datsun changed its name to Nissan in 1981, long before domain names were registered. And when nissan.com started having "related info" to the car maker, you know what happened.
Not quite. Nissan's actually been trademarked since the 1950's
Doesn't matter though: No, I couldn't start up "Pepsi Company" and sell soda pop if my name were "Pepsi," but I sure as heck could start up "Pepsi Computers" or "Pepsi Web Design" and register "Pepsi.com" for my business, and the Pepsi Cola Company (or whatever) couldn't do anything. Likewise, I could register JohnsonAndJohnson.com for my law firm of Johnson & Johnson, Attorneys at law, and "Johnson & Johnson Pharmaceuticals" (or whatever they are) also could not stop me or get me for trademark violation.
(Assuming that both domains weren't taken, that is.)
Paul Dell kind of has issues because of the "dell web hosting" thing -- he appears to be in an area related to one that Dell computers is in -- but I think he has a good case to argue against a trademark infringement claim, or at least a not-completely-hopeless case like if he registered "dellcomputers.com". Uzi Nissan has an even better case since his business is not automotive-related, although he probably hurt himself by taking automotive-related ads at one time.
Big companies will try to take domain names away from "little guys," but it is not always a trademark infringement, regardless of what they claim. Anyone remember "Roadkills R Us" (Don't bother, it's a parked domain now.) and how Toys-R-Us tried to sue them for trademark infringement?
Of course, the "little guy" is not always innocent either, but sometimes the big corps need to chill out a bit. :-)
JK
accused of parasitism and unfair competition
What exactly does this mean? Doesn't mention trademark infringement? Sounds more like a BS claim to bankrupt poor little Paul. Why are Dell Computers not taking a WIPO action? Coz they'd lose?
I could understand Dell going mad if this guy stole and used Dell logos but surely by logging onto the site you can tell it's not actually the company Dell providing the sites?
What is the law? I'm not sure but I wouldn't surprised if it favoured the big guys!
After much publicity (all of it very bad) I think the case was finally dropped.
However, at that time we were buying our computers from Gateway.
But the sheer stupidity of the Gateway lawsuit caused us to look elsewhere. We have not bought any Gateway products since.
Dell might want to think about that. Not like our 15 commputers or so is a big deal, but if 10,000 people react like we did....
