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Dell v. Belgium Domains et al: Potential Damages of $110,000,000.00

By Enrico Schaefer

Dell, Inc and Alienware Corporation filed the federal complaint against BelgiumDomains, LLC, CapitolDomains, LLC, DomainDoorman,LLC, Netrian Ventures, LTD,  IHoldings.com, Inc., Juan Pablo Vazquez and Joe Doe Defendants on October 7, 2007.  The complaint was filed under seal until Dell could get its request for injunctive relief heard by the court, asking for an order that the domains get locked down and evidence be preserved, among other emergency ex parte relief .

Read the Complaint Filed By Dell Here. (large file, be patient)

Dell and Alienware are brought claims for cybersquatting under 15 USC 1125(d), trademark infringement and trademark counterfeiting under 15 USC 111491), trademark and trade name infringement under Florida law, trademark infringement and false designation of origin under 15 USC 1125(a), trademark dilution under 15 USC 1125(c) and various other causes of action under Florida law.

Defendants are alleged to be ICANN accredited registrars who developed a scheme to engage in broad -based computer generated typosquatting, leveraging their status as ICANN accredited registrars. Dell alleges that Defendants have registered over 1,100 domains which infringe their famous marks including the following examples:

The typo and cybersquatting here is obvious leaving little doubt that Dell will succeed in its allegations under the ACPA.   At $100,000.00 in potential penalty damages under the ACPA per domain registration, cybersquatting defendants are looking at potential penalty damages of $110,000,000.00. If this doesn't get the attention of the domain tasting and typosquatting community, then I they must feel pretty safe overlooking the Caribbean from the palatial estates in the Cayman Islands.  What they fail to realize is that a company with $50 Billion in Revenue such as Dell has the funds necessary to trace these domains through the layers of shill registrants and off-shore corporations to identify those really responsible.

Full post as published by AntiCybersquatting Consumer Protection Act Blog on December 15, 2007 (boomark / email).