In November 2004, Dell asked a federal judge to stop New Jersey computer reseller CompAmerica from using the phrase “The Dell Killers.” Dell said the phrase defamed its products and services and diluted its brand; CompAmerica denied the allegations and described the slogan as comparative expression. A contemporaneous report described a pending dispute, not a final ruling.
What prompted Dell’s court action?
CRN reported on Nov. 29, 2004, that Dell had asked a U.S. District Court judge to issue a temporary restraining order barring CompAmerica from using “The Dell Killers.” CompAmerica said it had used the phrase since 1995 and applied to register it in October 2004.
According to the report, CompAmerica took down TheDellkillers.com after a request from Dell’s attorneys and voluntarily relinquished two unused Dell-related domain names. Dell filed suit in November, the report said. These steps preceded the lawsuit; they do not establish that a court ordered CompAmerica to stop using the slogan.
What did each side argue?
Dell’s allegations
Dell argued that “The Dell Killers” defamed Dell and its products and services and diluted its brand. Those were Dell’s reported claims, not findings by the court.
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CompAmerica’s response
CompAmerica denied the allegations and defended the phrase as comparative expression about its computer systems. A CompAmerica spokesperson, whose name was not given in the report, said: “This issue affects every manufacturer in every industry.”
Was there a court ruling?
The Nov. 29 report said a scheduling conference was set for Jan. 26 in U.S. District Court in Newark, New Jersey, while the judge considered Dell’s request for a temporary restraining order. The report does not identify the year for that January date, establish that the conference took place, or say whether the requested order was granted.
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CRN’s account therefore documents the parties’ positions and the pending request at that time, not the case’s ultimate disposition. It does not establish that either side prevailed or provide a later judgment.
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