Computer company Dell has insisted that all its logos be removed from notebook retailer The Notebook Company's (TNC's) Web sites.
The retailer says it seems the situation will head to a trademark dispute between the companies.
TNC MD Christopher Riley says, however, that these kinds of legal battles become very expensive. “I would prefer not to throw a lot of money at keeping their logo on our site(s).”
He adds that Dell's objection is "strange at best".
“We sell a fairly wide range of products, including Dell. We understand that Dell is a registered trademark - and we do sell Dell. We want our customers to find their products, so we advertise their name. It is pretty straightforward. I really don't understand their objection - it is good for their business too."
He says Dell wants its name taken down from TNC's notebook and laptop sites, as well as from all signage at its head office in Pretoria.
"This hasn't happened to us before. We display a lot of product names on our Web site, not just Dell's. My question is - are they a direct computer seller or not? And why this big hullabaloo about using their logo? How do they want customers to find their products?"
Unauthorised use
However, head of legal for emerging markets at Dell Yolanda van Wyk says the reproduction and use of the Dell logo by TNC is unauthorised and, therefore, amounts to copyright and trademark infringement.
She adds that the harm is in TNC not being a registered partner or an authorised distributor of Dell products.
“One of the advantages of being a registered partner or authorised distributor is that they may be authorised to use the Dell logo, subject to specific terms and conditions. Dell cannot allow the unauthorised and uncontrolled copying and use of its trademarks.
“We have advised TCN that it may use the Dell word trademark in advertising and promotional materials, only to indicate that they are selling our products.”
Van Wyk says TNC registered the domain delllaptop.co.za, which incorporates Dell's trademark, without its authorisation.
“Our trademark attorneys, Adams & Adams, were instructed to request TNC to remove the Dell logo from its Web sites and to cancel the domain in question.”
Partner first
So far, TNC has not removed the Dell logos and Riley says the company has three options: it can remove the logos, wait for summons, or see if it can get Dell to negotiate without lawyers.
Van Wyk says TNC was initially given a 14-day period to reply to the letter sent by Adams & Adams, but no deadline has been given for the removal of the logo.
“Dell is still prepared to resolve the matter amicably. We cannot comment whether further action will be taken at this stage. However, Dell has to police and protect its intellectual property rights.”
She adds that TNC has applied to participate in Dell's partner programme and if it is accepted, it will be allowed to use the Dell logo.
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