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In November 2004, Dell asked a federal judge to stop New Jersey reseller CompAmerica from using the phrase “The Dell Killers.” Dell said the slogan defamed the company and diluted its brand; CompAmerica denied the allegations and characterized the phrase as comparative expression about its computer systems. A contemporaneous report described the dispute as pending, not decided.
What was the “Dell Killers” campaign court battle about?
The dispute concerned CompAmerica’s use of “The Dell Killers,” a phrase the reseller said it had used since 1995. Dell sought a temporary restraining order barring CompAmerica from using it, according to Steven Burke’s Nov. 29, 2004 report for CRN.
CompAmerica said it had applied to register the phrase in October 2004. Dell’s reported legal theories were that the slogan defamed Dell and its products and services and diluted the Dell brand. CompAmerica denied those claims and defended the phrase as comparative expression about its systems. Those were the parties’ positions, not findings by a court.
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CRN reported that Dell’s attorneys asked CompAmerica to take down TheDellkillers.com. CompAmerica then took down the site and voluntarily relinquished two unused Dell-related domain names. Dell filed suit in November 2004, according to the report.
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A CompAmerica spokesperson was quoted as saying, “This issue affects every manufacturer in every industry.” CRN’s excerpt does not name the spokesperson.
Was the temporary restraining order granted?
The report does not say that the judge granted Dell’s request. It said judicial deliberations on the temporary-restraining-order request were pending and that a scheduling conference was set for Jan. 26 in U.S. District Court in Newark, New Jersey. The report does not specify the year of that January date, nor does it establish that the conference took place.
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What is known about the case’s outcome?
The Nov. 29, 2004 CRN report documents the request for temporary relief and the competing claims, but it does not report a final judgment or later ruling. The case’s ultimate disposition is therefore not established by this account. It would be inaccurate to treat Dell’s allegations as proven or CompAmerica’s defense as having prevailed.
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- Type with ease: Write and calculate quickly with roomy keypads, separate numeric keypad and calculator hotkey.
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