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11|30|2007 02:45 am EDT

Dell Computer vs Trademark Infringing Domainers

by Chad Kettner in Categories: Legal Issues

In a push against automated trademark infringing domainers, Dell filed a lawsuit against three Florida Registrars on November 16, 2007, based on complaints of cybersquatting, trademark infringement, counterfeiting, dilution, and unfair competition.

Dell Inc., along with Alienware Corporation, a subsidiary of Dell, brought this action against BelgiumDomains, CapitolDomains, and DomainDoorman.com. Netrian Ventures and iHoldings.com were also named in the filing, as they are also controlled by the man that is behind it all, Juan Pablo Vazquez (known as “JP� Vazquez). According to the allegations, JP Vazquez was in charge of conducting the day-to-day operations of all five companies, which have often worked together as a single entity for the purpose of unlawful activity.

The defendants have collectively registered and are monetizing over 64 million unique domain names, thousands of them beginning with “Dell”, and are believed to be using an automated process to obtain the majority of them. They are also accused of making successful attempts at concealing their identity using shell-entities, fictitious business and personal names, as well as restricting the publicly viewable WHOIS databases of BelgiumDomains, CapitolDomains, and DomainDoorman.

This is definitely a case to keep an eye on and Domain Name News will try to keep on top of developments.  The Washington Post has a piece on this story with a general overview.

The pdf documents from this case can be downloaded (right mouse click and save as) or viewed through the links below.

Document 1 : This is the original federal case filing. 66 pages

Document 2: This document contains many of the Exhibits 1-5. Special mention to note the list of companies in Exhibit 4 . 109 pages

Document 3: Exhibits 6-10, mainly whois information for specific domains and screen grabs of parking pages. 111 pages

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7 Comments

[…] Washington Post, CircleId, DomainNameNews) Noticias […]

[…] that the registrar has been locked out of the registry at Verisign. The lockout was spurred by the ongoing legal battles between the registrar and plaintiffs claiming trademark infringement. Plaintiffs, including Dell and Yahoo, received a court order to lock all of the domains at the […]

[…] a lawsuit filed against it for cybersquatting. A couple of months ago, Yahoo and Dell both filed lawsuits against domain registrar Belgium Domains for registering domain names infringing on their brands. […]

[…] As seen in this Washington Post article, and PC World, Microsoft is suing the domain name registrar Red Register for trademark violation. Microsoft has made similar suits over the years against registrants. This marks the second recent suit for cybersquatting against an ICANN accredited registrar, as Belgium Domains, DomainDoorman.com and Capital Domains were recently accused of trademark infringmen…. […]

[…] civil suit filed by Dell in November of last year is starting to show how much money has been made by trademark infringing […]

[…] register these typos. Microsoft noticed this and started keeping track. Ultimately, however, it was Yahoo! and Dell that brought down Domibot and the three "bad" registrars. IMHO, it’s not worth it. The money that you earn from […]

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