# Fuck Dell (no, this is not about their computers) **URL:** \ **Category:** The BBQ Pit\ **Created:** [February 21, 2006, 12:28am UTC](https://boards.straightdope.com/t/fuck-dell-no-this-is-not-about-their-computers/345403 "2006-02-21T00:28:40Z")\ **Posts on this page:** 2\ **Page:** 3
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [February 21, 2006, 9:51pm UTC](https://boards.straightdope.com/t/fuck-dell-no-this-is-not-about-their-computers/345403/41 "2006-02-21T21:51:24Z")
> [@MaxTheVool](#): > > Wouldn’t it be easy for the DellWebSites front page to have a prominent notice and a link saying “this is not Dell Computer, the manufacturer of computers. If you want to go there, follow this link…”? It depends. However, I must first say that since this case is being tried in Paris County Court, I have no idea what the applicable law is. I have minimal knowledge of European intellectual property law and almost no knowledge, specifically, of French intellectual property law. I have an understanding of U.S. intellectual property law and the UDRP. Under American law, a disclaimer _sometimes_ is sufficient in order to satisfy the law, but a disclaimer would not be acceptable if Dell Computers can show that what Paul Dell is doing amounts to _initial interest confusion_. In other words, he is drawing customers to his store window by misleading them, even though once they step through the door, it is obvious they are not at the place they initially though they were. Initial interest confusion is a key factor on the Internet. Also, a disclaimer will not suffice if it is shown that Paul Dell is intentionally causing this initial interest confusion. Furthermore, if Dell Computers is able to show _bad faith_ on Paul Dell’s part, as it would under the UDRP and the ACPA, then a disclaimer doesn’t suffice. If Paul Dell is knowingly, intentionally, and in bad faith trying to attract customers to his Web site by causing a likelihood of confusion with Dell Computers, then he doesn’t get an out by displaying a disclaimer, no matter how prominent. As I said, I don’t know what French law says here, but if it is anything like American law or the UDRP, then Dell Computers bears a pretty heavy burden to show that Paul Dell is intentionally trying to mislead people by using their trademark in his domain name. ---
**Author:** ![DKW](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dkw/32/3118_2.png) [@DKW](https://boards.straightdope.com/u/DKW)\ **Post date:** [February 22, 2006, 5:07am UTC](https://boards.straightdope.com/t/fuck-dell-no-this-is-not-about-their-computers/345403/42 "2006-02-22T05:07:13Z")
ascenray - If the company explained their position to Paul Dell (and I have no way of knowing if they did), then yes, I suppose a lawsuit is justifiable. But just because it’s justifiable doesn’t mean it’s _appropriate_, or even a good gamble. I mean, what is Dell Computer’s case? Someone looking for their website might go to the wrong one? Big deal, that happens all the time. (I once went to the University of Houston site while looking for University of Hawaii and on _two_ occasions looked for the official Codebreaker website and ended up with one of the branches of the Girl Scouts on my screen). Paul’s stealing their business? Impossible; their businesses aren’t even the same. Paul getting free publicity or name recognition or whatever? I’m pretty sure that’d require a logo, an actual computer, _something_, not just a fairly common surname. Lots of corporations are notorious for initiating questionable lawsuits ([www.atla.org](http://www.atla.org) has some real gems), so this doesn’t really surprise me. Justice _usually_ prevails in these cases, so I’m just hoping for the best. mhendo - Good point about the McDonalds case. I think this pretty much says it all: [http://www.salon.com/july97/comics/comics1970704.html](http://www.salon.com/july97/comics/comics1970704.html) I read the pamphlet. I found it a bit preachy (nothing out of the ordinary for health activists), but there wasn’t anything that struck me as factually incorrect or inflammatory. [Previous page](https://boards.straightdope.com/t/fuck-dell-no-this-is-not-about-their-computers/345403.md?page=2)