Trademark/Patent Question: Are websites that bash a company (and use the company's name) in violation of law?

Question

Would a website called "I hate Dell" be in violation of copyright laws?

The websites primary use would be to express the opinions of visitors and the owner throught their submissions (forum or otherwise).

BTW: I have nothing against dell, I am just using them as an example.

Answer 1

Can you afford a better lawyer than Dell?

Answer 2

Well, as a person who has been in that line of work for a long time, I would suggest that you make sure you explain that all that you say is your own personal opinion. There are laws against libel, but fortunately, there are no laws against having an opinion. However, even that opinion should avoid personal attacks on any particular person, because this could be deemed as slanderous, with intent to damage.

Then, too, there is the famous twisting of the English language that frequently comes in handy.

For instance....it is often wise to say....."I am not implying that So and So is fraudulent, but some people might believe that......."

I am kidding, of course, because the best protection is the truth. If you cannot back up what you are saying with fact, then save your anger for an all-out cussing session in your back closet, and write only what you know to be true.

Answer 3

It would not be a copyright violation. You cannot use Dell in the name of your company if you are involved in computers but nobody can copyright the title of something, a book, a movie, a song, a website.

Now, such a site could be construed as libel if you cannot prove what you are saying is the truth. Certainly, you may hate Dell, and that would be true but if you write damaging things on that webpage you better stick to provable facts.

Answer 4

if you use "Dell" anywhere in the domain name, then Dell can have your domain name cancelled. If the domain name was "badcomputers.com" that would be ok. But don't forget that laws beside copyright/trademark are involved when slanderous and other non-protected speech is used.

Answer 5

First of all, ask a lawyer, not a bunch of losers like us.

But if you ask this loser, the answer is no - as long as you mention that all names and whatever else is trademarked and who owns the trademark, you can use them that way. You just can't sell computers with "Dell" on them.

Answer 6

How about a simple name like (click spelt klyk) KLyK GLOBAL SOLUTIONS. Make it like holdings company and then you can sub divide it when you add more services. E.g. lets say you create an accounting program for small bookkeeping companies like mine you can call that division KLyK 1-2-3.

Answer 7

Freedom of exxpression and thought alows you to bash all you want. however it also alows the company to protect itself. So be sure of your facts and ready to defend what you say.

Answer 8

Technically, if it's stated as an opinion and not a "fact" then it isn't libel (written) .