Response to Geeks on Wheels Threat of Legal Action

Dial A Nerd Responds to Geeks on Wheels Threat of Legal Action

WELLINGTON – James Bell, a sole trader trading as Dial A Nerd responded yesterday to a threat by rival computer repair business Geeks on Wheels of legal action for Trade Mark infringement.

James Bell, who has been trading under the name Dial A Nerd since November 2005, and recently failed to sell at auction, has been accused by Geeks on Wheels Ltd of Trade Mark infringement.

Geeks on Wheels has a Trade Mark application for the name “Dial a Nerd” currently in processing with the Intellectual Property Office, part of the Ministry of Economic Development. The application has been classified for trading under Class 42 which covers design and development of computer hardware and software.

Class 42 specifically excludes computer (hardware) installation and repair services and word processing and computer file management services.

James Bell who has an application in processing for the name “Dial A Nerd” under class 37, which covers Trade Marks being used for repair and installation services, including computers, was dismayed by the threat of legal action.

“I have been running Dial A Nerd since 2005, it is my sole source of income and to have that sort of a threat made, by a larger company with a lot more money behind them, it is rather frightening,” James Said, “I have put a lot of time and money into getting Dial A Nerd to where it is today, and still I am just a sole trader trying to earn a living, and I am certainly no threat to an organisation such as Geeks on Wheels.”

“To put it quite simply it feels like they are being the big bully of the industry. If anything were to happen to Dial A Nerd I would lose everything.”

James says he was only aware of the attempted theft of his name after going to buy the dialanerd.co.nz domain name, and finding out Geeks on Wheels had bought it. “And it was only three days after I had listed my business for sale, it was very cheeky, a very low blow.”

James however believes his name is safe, saying that being Trade Marked under class 37 gives him every right to continue trading as Dial A Nerd in the mobile computer servicing industry, while Geeks on Wheels Ltd was trading outside of its number 42 classification.

“As far as I know they (Geeks on Wheels) are not involved in software development, and they certainly arent chemists.”

Geeks on Wheels have also failed to note that Trade Mark law provides an exception to infringement when an unregistered Trade Mark has been used continuously in the past.

James is considering taking legal action, “it is interfering with my business, this threat was made before the Trade Mark has even completed the application process, it is being registered for use in a different industry. I have been trading under this name since 2005, I have spent several thousand dollars on advertising, the logos and artwork are all legally copyright since 2005, the business is listed in the Yellow Pages and I think these facts make me more entitled to trade under this name than a company that appears to be intent on putting me out of business.”

The legislation that James says protects the use of the Dial A Nerd name can be found at the following address;

http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?
clientID=2026854803&infobase=pal_statutes.nfo&jump=a2002-049%2fs.96&softpage=DOC
&wordsaroundhits=6#JUMPDEST_a2002-049/s.96

James Bell T/A Dial A Nerd is still currently trading and provides a computer repair service throughout Greater Wellington. You can contact Dial A Nerd on 0800 GO NERD (0800 466 373) or visit the Official Dial A Nerd website at www.dialanerd.tk

ENDS

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