Dell sues Mr Dell

Discussion in 'NZ Computing' started by GraB, Feb 21, 2006.

  1. GraB

    GraB Guest

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  2. A Nice Cup of Tea, Feb 21, 2006
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  3. GraB

    Brendan Guest

    He should sue them - for all the besmirching of the Dell name, his families
    for hundreds of years, with shoddy computers and bombastic lawyering of
    little people..


    .... Brendan

    #139697 +(4371)- [X]

    <frank> can you help me install GTA3?
    <knightmare> first, shut down all programs you aren't using
    frank has quit IRC. (Quit)
    <knightmare> ...

    Note: All my comments are copyright 21/02/2006 5:28:47 p.m. and are opinion only where not otherwise stated and always "to the best of my recollection".
    Brendan, Feb 21, 2006
  4. GraB

    Peter Guest

    That US corporation is suing some poor guy for every instance that this guy
    uses his own name on his own web site. What stupidity!
    I guess they'll next be going after everyone else with the surname Dell.
    Looks like there are about 37 people in Auckland for them to pick on.
    Maybe it looks like an attractive revenue stream for them.

    I wonder if Dell thinks that this type of bullying behaviour makes people
    more likely to buy computers off them.

    Peter, Feb 21, 2006
  5. GraB

    Shane Guest

    Its not without precedent
    Some canadian kid (Mike Rowe) put up a site etc etc.
    IIRC he ended up with a heap of Microsoft goodies, eg training, internships,
    etc etc etc.

    It has to be said similarly named sites are an issue, especially when it comes
    to phishing and p0rn etc etc
    Shane, Feb 21, 2006
  6. An English shop did the same thing to a NZer a few years ago.

    A Nice Cup of Tea
    A Nice Cup of Tea, Feb 21, 2006
  7. GraB

    Peter Guest

    Peter, Feb 22, 2006
  8. GraB

    Crash Guest

    Harrods? I don't recall a surname or family name being involved here.

    Crash, Feb 22, 2006
  9. Come to think of it, it was The Blackball Hilton, down in Blackball on the
    West Coast.

    Now it's named "Formerly The Blackball Hilton", and the residents of
    Blackball call it "The formerly".

    A Nice Cup of Tea
    A Nice Cup of Tea, Feb 22, 2006
  10. GraB

    MarkH Guest

    Well I clearly recall it and the surname WAS Harrod. Mr Harrod was force
    to change the name of his shop. This was despite non of his customers
    being confused about whether he was affiliated with the UK shopping giant.

    Mark Heyes (New Zealand)
    See my pics at (last updated 5-September-05)
    "The person on the other side was a young woman. Very obviously a
    young woman. There was no possible way she could have been mistaken
    for a young man in any language, especially Braille."
    MarkH, Feb 23, 2006
  11. GraB

    Jerry Guest

    As I recall the name wasn't Harrod, but something close in Wellington,
    Harrap or Harrach or something. Didn't a South Island town change it's
    name to Harrodsville a while back in protest? Every shop in the town
    changed it's name to Harrods.
    Jerry, Feb 23, 2006
  12. GraB

    shannon Guest

    It was Harralds in Christchurch a fabric store in Papanui Rd IIRC
    The Blackball Hilton also got a nastygram from the stupid spoilt whore's
    shannon, Feb 23, 2006
  13. GraB

    MarkH Guest

    I stand corrected.

    Mark Heyes (New Zealand)
    See my pics at (last updated 5-September-05)
    "The person on the other side was a young woman. Very obviously a
    young woman. There was no possible way she could have been mistaken
    for a young man in any language, especially Braille."
    MarkH, Feb 24, 2006
  14. It may have happened more than once. According this site it was Harrod's
    restaurant in Hamilton.

    "It seems that in the late eighties, a Mr Harrod from Hamilton was asked
    by Harrods of London to rename his restaurant from Harrod's. In support
    of the Kiwi Harrod, nearly every shop on Otorohanga high street changed
    its name to Harrods: the Harrods baker, the Harrods newsagent, the
    Harrods fashion store. One shop changed its name to Marks and Sparks, to
    be in with the spirit of the thing. The town sign was changed to say,
    Welcome to Harrodsville. According to the news clipping, the name of
    Otorohanga 'became known world-over.'"

    My understanding of NZ law is that you are allowed to trade under your
    own name, even if you are in the same or similar business as someone
    else. Otherwise the oldest business trading as Johns's {something to do
    with cars} would be free to shut down John Dixon Motors, John Phillis
    Automotive, John's Repairshop Ltd., John Street Motors 1997 Ltd., Johns
    Rd Garage 1998 Ltd., John's Mechanical Services etc.

    You are not allowed to mislead by making it appear you are related to
    another business though, which I think is where some of these people get
    into trouble. Adding a shop sign based on someone else's logo for
    instance. Even though it's obvious the little corner shop is not part of
    the Harrods chain, by adding the sign they're still trying to trade on
    Harrod's reputation.

    Roger Johnstone, Invercargill, New Zealand
    No Silicon Heaven? Preposterous! Where would all the calculators go?

    Kryten, from the Red Dwarf episode "The Last Day"
    Roger Johnstone, Feb 24, 2006
  15. There are limits. You could probably not, for example, start "McDonald's
    Family Restaurant" just because your name was McDonald. However, if you
    were already trading under that name prior to 1976 (when the first
    McDonald's store opened in NZ) you would have a claim to prior naming.
    It's a very messy area of the law, and I don't think anyone's quite sure
    what would happen if someone wanted to start a "McDonald's Family
    Restaurant" just because their name was McDonald. The lawyers would
    doubtless get very rich, and I can't see anyone willingly picking a fight
    with one of the largest multinationals. "McDonald's Fish'n'Chips" or
    "McDonald's Diner", however, are both clearly defined as legitimate if
    your name is McDonald.

    A name is also only able to be trademarked for a particular type of
    service. There is, as has been mentioned previously in this forum, a
    septic tank cleaning service in Auckland that goes by the name McDonald's
    Takeaways. I shit you not :p
    Matthew Poole, Feb 24, 2006
  16. GraB

    GraB Guest

    GraB, Feb 24, 2006
  17. GraB

    Barry Lennox Guest

    However, they did really push the limits, their sign was VERY similar
    in style, colour and font to the UK store. IIRC, they went after them
    more for brach of trademark. rather than the name.

    And for a while, many other shops (was it in Otorohonga??) put up
    Harrods signs for a while.
    Barry Lennox, Feb 24, 2006
  18. That's because there already is a "McDonalds Family Restaurant" that sells
    all sorts of chemicals dressed up as food.

    A Nice Cup of Tea
    A Nice Cup of Tea, Feb 24, 2006
  19. GraB

    PC Guest

    Those of you that have visited Picton will know there is a "Kentucky"
    Eataways in the main street.

    Though the Kentucky Eataways is in the fast food business including
    'Chicken' dishes the present and former owners will tell you they have never
    been approached by the other 'Kentucky' to relinquish the Kentucky name.

    The rationale given is a) it is patently obvious it is not a 'KFC' outlet,
    b) it's existence predates the American franchinse by many years.

    PC, Feb 26, 2006
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