I'm a Chinese in China and sorry for my poor English. I registered some domains starting with "dell", like dellmini9 .com & dellmini12 .com years ago, and forward the domains to a simple website with Google text ads to get some click earnings.

I just received a letter from Dell's lawyer today:

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Trademark Infringement By:
dellmini12 .com
dellmini9 .com

Dear Mr. Tang:

I write on behalf of Dell Computer Corporation (“Dell”), to demand that you immediately stop all use of the above domains and transfer them to Dell. As you know, Dell is an internationally famous designer, marketer and seller of computers, handheld devices and related products and services, and sells its goods around the world through its websites which incorporate the DELL trademark.

Dell has used its DELL trademarks since at least 1971 and this trademark is the subject of US Federal Trademark Registration Nos. 1,616,571; 1,860,272; 2,236,785; 3,215,023 and others, all of which may be viewed at www.uspto.gov. Similar trademark registrations are owned in China. These world famous trademarks have come to be associated exclusively with Dell in the minds of consumers.

Without the permission of Dell, you own the above-listed domain names (the “Infringing Domains”) and use them to forward visitors to your various websites. These sites feature links to goods and services which are infringing upon or directly competitive to those offered by Dell and you may be obtaining financial and commercial gain from these sites.

In any case, your misuse of Dell’s trademarks constitutes infringement of such marks in that it creates a likelihood that purchasers will be confused and deceived as to sponsorship or affiliation. Your use thus constitutes violations of the Trademark Act of 1946, 15 U.S.C. 1114 and 1125(a) as well as the laws of China. You are liable for damages, profits, and payment of our attorneys' fees under U.S. trademark law, Lanham Act Section 35 (15 U.S.C. § 1117).

Dell demands that you:

1) immediately cease and desist from any and all use, advertisement and display of any domain name or web address which includes the word “dell”, including the Infringing Domains; and

2) provide us with a list of any other domains you own which incorporate Dell’s famous trademarks or misspellings thereof; and

3) transfer the Infringing Domains, and all other infringing domains you have identified in item 2 above, to Dell.

You are strongly encouraged to seek the advice of a lawyer in connection with this matter. Demand is also made that you or your legal counsel contact the undersigned in writing, within Five (5) calendar days acknowledging that all commercial activities with regard to the Infringing Domains have been terminated and that you unlock the domains and provide us with a transfer authorization code for each.

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OK, I've closed the sites, but I don't want to lose my names. What should I do next to protect myself? I'm in China and can't offer a lawyer, I need some kindly advice, thank you very much.

Give them up before you lose an ICANN dispute and have to pay costs as well.

As fast as you can, give Dell the domains

Most likely you will loose these domains as they contain registered trademarks. The best idea is to give these domains to Dell

Originally Posted by Hosting24

Most likely you will loose these domains as they contain registered trademarks. The best idea is to give these domains to Dell

Looks like that. But better try to sell them to the one who is asking for this domain name. At least you should try

try to sell them to the one who is asking for this domain name.

Ah yes, that will look good on the ICANN dispute.

"And when challenged the "bad faith" registrant offered to sell the disputed hostnames to the trademark owners's legal representative"

Dell mini 9 and dell mini 12 are computers made by dell, of course they are going to want the domain names.

If you had a company and someone was using your trademarked name to make money off of you would want the domain names also.

Just give the domains to them, they are going to win anyway.

Just stay far away from everything that has a trademark in it. Trouble is guaranteed. Unless, of course, you have an odd taste for that.

May be you should request some money that you have spent in buying these names. If they offer some amount great. if they don't then just give the name to Dell. You have a very slim chance of winning this dispute.

Why would you purchase a domain that has a trademark in it to start with?

I would suggest handing them over before it gets ugly and attorney/court fees are involved

Give those domain names as fast as you can lol... Companies are so awesome.

Dell is the branded name you cant win so give up

Most of the users recomend to give the domains straight away.
Its true what they say that when theres a brand associated to a name, it can be considered "bad faith" to use it just to sell the domain name later.
I studied this topic: There are only some limited exceptions to that rule.
You have to prove that you didnt know about dell. (impossible)
You have to prove that your domain name was about something totally different and with real content. (impossible)

So i think its true you have all the chances to lose in the court, however, the lawyer of dell is trying to "put you on a rush", so i think you could ask some money. (perhaps good money), because that can be also a good deal for them. If i were you i would say:
It costed me X money to buy and register and host this domains. X money of work i dedicated to optimize and work on my domain. So i would only give it away for X money, otherwise we can take it to the court because i also have good arguments for this dispute.

REgards!
Guido MOnti

In case someone is interested, not all countries have these stupid laws. It's much easier to fight against companies in Europe Union (especially if brand name is nothing but a "general" word).

That's certainly possible, provided the hostname is very general

Microsoft for example could NOT claim to own "windows" (They lost the court case).

Ford could not claim "cars"

However dellmini9 IS a very specific and as such, is indefensible in a name dispute.

What about names of government institutions in your country? Can persons buy domains like 'government_institution_name.com' and use them?

My brother has a domain which *SHOULD* be used by the president of this country, but brother bought the domain first, so president had to buy and use another domain. He still continues using it

The president's name probably is NOT a legally registered trademark.

It's not a name of president, it's the name of institution. The best example would be whitehouse.gov

Whitehouse is NOT a legal trademark.

THAT is what name disputes are about. It is not the name, it is the TRADEMARK!!!!

Your brothers name isn't "Robert" by any chance is it?!