Justice KS Gupta said, The plaintiff (Dell Computer) has, prima facie, made out a case for issue of ad interim injunction. The court also issued a notice to Dell Technologies and fixed the next date of hearing for January 31, 2003.
Senior counsel VP Singh along with counsel Neel Mason of Anand & Anand submitted that the name of the company comes from Michael Dell who established the company in 1984 in Texas, US for marketing and selling computer hardware. The trade name, Dell, was adopted in 1987 and has been in continuous use ever since, they added.
In March 2001, Dell Computers came to know about Dell Technologies as a company involved in leasing of computers for specified periods and assembling, sale and service of computers including upgradation.
The attorneys of Dell Computers sent a cease-and-desist letter to Dell Technologies informing it of Dell Computers exclusive rights in the mark, Dell, by virtue of prior adoption and long and continuous use.
The letter also alleged that the adoption of the mark by Dell Technologies was calculated to deceive the consumers. Dell Technologies however, did not reply to the letter, Dell Computers alleged.
After a series of telephonic conversations between the two companies, the Bangalore-based company agreed to modify its trading name but no action was taken. Later, at a meeting between the two companies it has been alleged that Dell Technologies proposed to change the name in lieu of monetary compensation which was not acceptable to the plaintiff. The plaintiff informed Dell Technologies that they would resort to legal proceedings if the name was not changed.
In February 2002, Dell Computers discovered a site, dell-technologies.com--a sign that the company had no intention of changing its name.