Feeds

Dell sues Tiger for reselling old boxes as new

Bastardized logos

Gartner critical capabilities for enterprise endpoint backup

Dell is suing a former licensed US reseller, TigerDirect.com, claiming "repeated and blatant violations" of its resale contract, including trademark infringement, misleading representation, unfair competition, and false advertising.

In an April 17 lawsuit filed by Dell in New York district court, Tiger is accused of - among many other things - selling old and out-of-date Dell computers it purchased from other resellers while claiming they were brand new and shuttled directly from Dell. Tiger was also fingered for telling customers the antique boxes were covered by Dell warranties when the warranties had expired long ago.

Furthermore, the Round Rock PC giant accuses Tiger of using a modified Dell logo on its website that "mimics and bastardizes" the Dell trademark.

The complaint claims Dell's attempts to contact Tiger with its grievances were partially or completely ignored. In some cases, Dell says, Tiger would partially address a complaint "only to embark on other acts of infringement and false representations virtually immediately thereafter."

Tiger Direct was an authorized reseller of Dell products until May 2007. But according to the complaint, while Tiger was bound by the terms and conditions of a Dell contract, it violated the agreement by calling itself a "Dell SuperStore," a "Dell Monitor Shop," and a "Dell representative."

During that time, Tiger also allegedly advertised that it was selling "Brand New DELL PCs At Blowout Prices," when the merchandise was actually "old, outdated and no longer sold by Dell."

Dell claims it had received emails and telephone calls from customers asking how Tiger could possibly sell Dell computers at such a bargain and demanding their sales rep match Tiger's prices.

Apparently, the final straw was Tiger falsely representing on its website that Dell would provide three months of support for any Dell product sold by Tiger, when the warranties for some of the products had expired.

After numerous complaints, the lawsuit alleges, Tiger revised the notification to indicate the systems were covered by a "limited warranty." But it wasn't until the user clicked on the link for full information, Dell says, that Tiger actually explained the PC is covered by a third-party provider.

Dell's more recent complaints involve Tiger using a logo that allegedly infringes on the Dell trademark. Dell claims Tiger uses a logo that's entirely too reminiscent of the Dell logo, only without the company's official slanting letter "E."

Round Rock said it sent a cease and desist letter to Tiger on December 17, 2008 regarding the logo — and five more in succession - but to no avail. The complaint said the only reply Dell has received was on January 12, 2009 from Tiger's in-house lawyer saying, "I'm sorry for the delay in responding. We will review and get back to you shortly."

Dell wants an injunction on Tiger using any of its materials, the destruction of all computers parts and accessories with Dell logos, unspecified damages, and recovery of three times the profits Tiger has made for its alleged wrongful actions.

A copy of the lawsuit is available here. (PDF) ®

Boost IT visibility and business value

More from The Register

next story
Kate Bush: Don't make me HAVE CONTACT with your iPHONE
Can't face sea of wobbling fondle implements. What happened to lighters, eh?
The agony and ecstasy of SteamOS: WHERE ARE MY GAMES?
And yes it does need a fat HDD (or SSD, it's cool with either)
Apple takes blade to 13-inch MacBook Pro with Retina display
Shaves price, not screen on mid-2014 model
iPhone 6 flip tip slips in Aussie's clip: Apple's 'reversible USB' leaks
New plug not compatible with official Type-C, according to fresh rumors
Steve Jobs had BETTER BALLS than Atari, says Apple mouse designer
Xerox? Pff, not even in the same league as His Jobsiness
TV transport tech, part 1: From server to sofa at the touch of a button
You won't believe how much goes into today's telly tech
Apple analyst: fruity firm set to shift 75 million iPhones
We'll have some of whatever he's having please
Apple to build WORLD'S BIGGEST iStore in Dubai
It's not the size of your shiny-shiny...
NVIDIA claims first 64-bit ARMv8 SoC for Androids
Mile-High 'Denver' Tegra K1 successor said to rival PC performance
prev story

Whitepapers

5 things you didn’t know about cloud backup
IT departments are embracing cloud backup, but there’s a lot you need to know before choosing a service provider. Learn all the critical things you need to know.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.
Rethinking backup and recovery in the modern data center
Combining intelligence, operational analytics, and automation to enable efficient, data-driven IT organizations using the HP ABR approach.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.