Dell, Inc v Djamel, Court of Appeal - Nominet UK Dispute Resolution Service, July 28, 2008,  DRS 6242
|Resolution Date:||July 28, 2008|
|Issuing Organization:||Nominet UK Dispute Resolution Service|
|Actores:||Dell, Inc v Djamel|
NOMINET.UK DISPUTE RESOLUTION SERVICE
B E T W E E N:
DECISION OF INDEPENDENT EXPERT
1.1 The Complainant is Dell, Inc.United States, represented by Field Fisher Waterhouse LLP.
1.2 The Respondent is Djamel, Russia.
The Domain Name
2.1 The disputed domain name is
(``the Domain Name'').
3.1 This Complaint falls to be determined under the Nominet UK Dispute Resolution Service Procedure (``the Procedure'') and the Nominet UK Dispute Resolution Service Policy (``the Policy'').
3.2 The Complaint entered Nominet's system on 2 June 2008. It was validated on 4 June 2008 and Complaint documents were generated on the same day. Although a Response was due by 27 June 2008, none was received. Mediation not being possible and the Complainant having paid the relevant fee on 11 July 2008, the matter was referred to me for a Decision on 14 July 2008. I have confirmed that I am independent of the parties and that I am not aware of any matters that might call my impartiality or independence into question.
Outstanding Formal/Procedural Issues
4.1 There are no such issues in this case.
5.1 The Respondent registered the Domain Name on 6 August 2007.
The Parties' Submissions
6.1 The Complainant makes the following submissions in its Complaint.
6.1.1 The Complainant is a Delaware Corporation which was founded in 1984. It conducts operations worldwide and offers a broad range of product categories, including desktop PCs, servers and networking products, storage, mobility products, software and peripherals, and services. It is the number one supplier of personal computer systems in the United States and the number two supplier worldwide. In the fiscal year to 1 February 2008, its net revenue was in excess of US$ 61 billion.
6.1.2 The Complainant has used the name and mark DELL as a trade mark since 1987. It is the registered proprietor of numerous trade marks worldwide, including registrations for the word mark DELL and a DELL logo. It is the owner of Community Trade Mark registration numbers 3087641 (registered on 17 January 2005) and 83345 (registered on 26 March 1988) and UK trade mark registration numbers 2344330 (registered on 3 December 2004) and 1504488 (registered on 16 September 1994). It is also the proprietor of numerous domain names incorporating the DELL mark including
6.1.3 The Complainant's DELL brand is one of the most widely known and recognised brands in the world, and has established enormous goodwill and reputation in the UK and worldwide. In 2007 it was independently ranked at number 31 in a list of the top 100 global brands. The Complainant has made extensive and prominent use of the DELL brand in connection with a wide range of computer-related goods and services, including by using the DELL mark and logo on its products distributed around the world and on its official website at www.dell.com.
6.1.4 The Complainant sells its products and services directly to customers through dedicated sales representatives, telephone-based sales and online through a number of domain names including
, as well as through a variety of indirect sales channels. It relies heavily on internet sales and support. It operates a strict policy of not allowing anyone, including its resellers, to use its mark in their domain names, and vigorously defends its trade marks and protects its brand worldwide. As a result of this policy, internet customers believe that any domain name incorporating the DELL mark is controlled, approved, endorsed and/or operated by the Complainant.
6.1.5 The Domain Name is similar to the Complainant's DELL...
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