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Dell v. Dellkorea.com

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Citation Edit

Dell Computer Corp. v. Dellkorea.com, No. 00-2045-A (E.D. Va. Dec. 11, 2000) (motion for temporary restraining order); (E.D. Va. Dec. 20, 2000) (motion for preliminary injunction); (E.D. Va. Feb. 20, 2001) (consent judgment).

Factual Background Edit

Plaintiff, owner of the federally registered mark DELL for computers, brought an in rem action under the ACPA against the domain name "dellkorea.com," which connected to the "Dell Korea Digital Shopping Mall" website selling computers, monitors, printers, scanners, and other related products.

Trial Court Proceedings Edit

Plaintiff moved for a temporary restraining order to transfer the "dellkorea.com" domain name to plaintiff pending a decision on the merits. On December 11, 2000, the court issued a temporary restraining order, ordering the registrar to transfer of the "dellkorea.com" domain name to plaintiff pending further order of the court.

The court found that plaintiff was likely to succeed on the merits of its ACPA claim, that plaintiff would suffer irreparable injury if the court did not order transfer of the registration, that plaintiff's irreparable injury outweighed any injury to the registrantof the defendant domain name, and that transfer of registration served the public interest in preventing consumer confusion.

On December 20, 2000, the court, reiterating its findings in its temporary restraining order, issued a preliminary injunction requiring the registrar to "continue its transfer [of] the registration of DELLKOREA.COM to Dell, pending a decision after trial on the merits . . . ."

On February 1, 2001, the defendant consented to entry of judgment ordering the permanent transfer of the "dellkorea.com" domain name to plaintiff.

Source Edit

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