AlienwareGiveaway.co.uk

[Tab]

Hi all,

I have recently been served with a Trade Mark Infringement notice from Dell's solicitors regarding AlienwareGiveaway.co.uk. The notice states the liability as Trade Mark infringement, Passing off and Abusive registration. They have asked that I cease to use the domain name and the Alienware logo/wording. They also want me to transfer the domain name to Alienware.....

Now this causes a few problems, so to start with I will be refuting the claims and contracting a solicitor to act on my behalf. However should it become necessary to hand over the domain, its gonna cause a problem to people referring. Just thought I should let you all know as sson as possible.

In the mean time any suggestions welcome as to the best course of action should me legal shenanigans fail.....

Tab

[Vampyros]

Wow man that really sucks, I guess you are using the alienware trademark without asking which is generally a nono in the copyright world.

Maybe if this is the case then this will cause alot of problems as you say.

[SwedishTom]

Ohh I did not know that Dell had aquired Alienware.. thats a bummer..

I wish you all the best of luck getting them to back off!!

Cheers
Tom

[goodapollo]

Hi Tab, might not actually be as bad as it seems, to me it looks like a pretty empty threat. I only graduated in July but I did do intellectual property law as a module on my law course, and covered trade marks and passing off in detail.
I obviously can't advise you as a solicitor (I'm not qualified yet!) but could definitely give you a bit of background on the action that they are threatening to bring, and the factors that may weigh in your defence. I can put together some info to PM to you tomorrow if you'd like?

[Tab]

Originally Posted by goodapollo

Hi Tab, might not actually be as bad as it seems, to me it looks like a pretty empty threat. I only graduated in July but I did do intellectual property law as a module on my law course, and covered trade marks and passing off in detail.
I obviously can't advise you as a solicitor (I'm not qualified yet!) but could definitely give you a bit of background on the action that they are threatening to bring, and the factors that may weigh in your defence. I'll send you a PM tomorrow if you'd like?

Sounds good... appreciate it.

Tab

[goodapollo]

No worries I'll get onto it

Finally an excuse to make use of something I've learned! apart from answering my mates' stupid questions along the lines of 'can i get arrested for this?!'

[Vampyros]

Haha I have an A level in Law which is nothing but i still get those questions. Only difference is i know nothing about how to answer them :P

[mrbean]

Surely this would also apply to all free websites using logos from any company... :S

[goodapollo]

Originally Posted by mrbean

Surely this would also apply to all free websites using logos from any company... :S

Technically not, no. You can use a trade mark legitimately to identify goods or services as those of the proprietor - that's why I can say "I have an iPod for sale" or your local garage can say "We sell BMW parts". As long as the use is in accordance with honest commercial practice and doesnt otherwise cause detriment to or take unfair advantage of the trade mark without due cause, there's no infringment of the mark.

[the_icks]

I would say that an acknowledgement of the copyrights on the site should suffice, you are not after all passing yourself off as alienware, I did read some waffle about this situation on moneysavingexpert with all the pedantic arseholes threatening to contact alienware!!

[the_icks]

better watch out about my www.shurl.org/alenware link!!

[Mica]

Originally Posted by the_icks

better watch out about my www.shurl.org/alenware link!!

Dont think they'll be too bothered about that one...

[goodapollo]

Originally Posted by the_icks

better watch out about my www.shurl.org/alenware link!!

Lol, 'Alen' might be pretty p'd off tho! Whoever he is...

[the_icks]

lol... well spotted!!

[djsyco]

I was and still am reallly tempted to do this alienware giveaway its had some realllly good reviews but i just dont think i could get 25 reffs!

[bmh16]

Its not only the 25 refs query now though as said by Tab. His site could get closed down, which would mean it could well be a waste of time!

Ben

[djsyco]

Oh right........now i get it

[goodapollo]

Sorry to bring an old thread back to life - just wondering if Tab happens to stop by whether you've had much luck resolving this? I'm quite tempted to have a stab at the alienware site, but would rather know it's got a safe future before I go ahead!

[Jon]

Its possible due to legitation etc that tab can not comment on this.

I do think, if the worst did come to the worst tab would honor any greens that you collected, and you wouldnt be left out of pocket.

Under UK law the case is you are innocent untill proven guilty.

(I am not a lawyer, my above sentences represent my own thoughts on the matter (im sure any greens you collect will be safe!!))

[woostar]

personally I would move alienwaregivaway to http://alienware.giveawaynetwork.co.uk and divert alienwaregivaway.co.uk to it; pretty sure there isn't anything they can do then.

W.>