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In further development of Dell's lawsuit, reported today on WebProNews: "Forget about trademark infringement; computer manufacturer Dell wants to make a statement in its lawsuit against domain registrars. A successful counterfeiting charge would entitle Dell to claim damages of up to a million dollars per violation, a substantial increase over the federal limit of $100,000 per domain infringement."
Update: Can Typosquatting Be Counterfeiting? Read Michael Froomkin's take on the story.
Read full story: External Source
Related topics: Cybercrime, Cybersquatting, DNS, Law
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Prof Froomkin says that quite a few of the kited domains dont even look like a Dell website so it should be fairly hard to prove counterfeiting.
My reply on his blog:
Umm.. there's no shortage of fake rolexes in Shanghai night markets, that don't even look like a rolex.
The night market hawkers have names for these .. "fake rolex" is any old watch with "Rolex" printed on it, correct spelling optional. A genuine fake is a fairly accurate (at least on the outside) knockoff of an actual rolex watch.
Rolex treats even the "fake" ones as counterfeiting .. not just the "genuine fakes".
--- so the claim just might fly. And this set of kiters go underground, close their shell companies and resurface under some other moniker.