Last updated: 11/13/2017
Domain Name Cease And Desist Letter {BUS-103}
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Description
Domain Name Cease and Desist Letter <name of registrant of domain name> Attn: <name of administrative contact> <address of registrant> <name of registrant of domain name> c/o <name of registrant's statutory agent> <address of statutory agent> Re: <name of mark owner>, v. <name of registrant> To Whom It May Concern: <name of mark owner> (?<abbreviation of mark owner>?) is the owner of United States Federal Trademark Registration(s) No. <insert USPTO registration number of all applicable marks> and *numerous other trademark registrations pertaining to the mark. <abbreviation of mark owner> uses this mark in the United States in conjunction with <add description of how the mark is used in connection with goods and/or services>. <abbreviation of mark owner>'s federal registration has been in full effect for over <insert number of years since mark was registered> years. A copy of the federal trademark registration data is attached for your reference as Exhibit A. <abbreviation of mark owner> owns the domain name <insert the domain name of mark owner that is the subject of the infringement>, which is an operating commercial website. <abbreviation of mark owner> recently discovered that <insert name of registrant/cyber squatter> (?<abbreviation of cyber squatter> ?) has registered and is using www. <insert infringing domain names> (collectively the ?Domain Name?) as a World Wide Web domain name in violation of the Anti cyber squatting Consumer Protection Act of 1999, which is embodied in the Lanham Act. You can find the ACPA at http://www4.law.cornell.edu/uscode/15/1129.html . Furthermore, <abbreviation of cyber squatter> is intentionally trading on the goodwill of <abbreviation of mark owner> by using a trademark that is confusingly similar to <insert applicable trademark(s)>. It is clear that <abbreviation of cyber squatter>?s use of the Domain Name is intended to (and actually does) confuse and misdirect customers seeking <abbreviation of mark owner>'s website to <abbreviation of cyber squatter>?s website, while ensuring that <abbreviation of cyber squatter>?s customers are not confused. This activity is actionable under federal law and causes <abbreviation of cyber squatter> to be liable to <abbreviation of mark owner> in every state in which <abbreviation of cyber squatter> has made sales. <abbreviation of cyber squatter>?s activities are unlawful and constitute unfair competition, intentional trademark infringement, trademark dilution, false designation of origin and cyber squatting. The Lanham Act provides numerous remedies for trademark infringement and dilution, including, but not limited to, preliminary and permanent injunctive relief, money damages, a defendant?s profits, provisions for the destruction or confiscation of infringing products and promotional materials, and where intentional infringement is shown (as would be the case here), attorneys? fees and possible treble money damages. <abbreviation of mark owner> has several options to enforce its legal rights. It can submit the matter to the Internet Corporation for Assigned Names and Numbers to be resolved under its Uniform Domain Name Dispute Resolution Policy (the ?Policy?) and seek a ruling that the Domain Name be transferred to <abbreviation of mark owner>. The Policy can be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm . Second, <abbreviation of mark owner> can file a lawsuit against <abbreviation of cyber squatter> seeking: (i) preliminary and permanent injunctions, (ii) money damages, (iii) compensation equal to <abbreviation of cyber squatter>?s profits, (iv) reimbursement for <abbreviation of mark owner>?s attorney's fees (because of <abbreviation of cyber squatter>?s blatant and intentional acts), and (v) a court order that <abbreviation of cyber squatter> transfer the Domain Name to <abbreviation of mark owner> and that <abbreviation of cyber squatter> compensate <abbreviation of mark owner> for damage to <abbreviation of mark owner>?s goodwill. <abbreviation of mark owner> prefers to resolve this matter without taking legal action, but it is prepared to file a lawsuit if necessary to protect its rights and business. <abbreviation of cyber squatter> may avoid legal action by having an authorized representative of <abbreviation of cyber squatter> sign this letter where indicated below and return the signed letter to me on or before <insert deadline for response>. This letter is sent without prejudice to <abbreviation of mark owner>'s rights and claims, all of which are expressly reserved. I am sending you a copy of this letter by regular first class mail in case you refuse to accept the certified mail, return receipt requested version of this letter. <insert signature block for mark owner & signer> cc: <insert name of your lawyer>, Attorney The undersigned covenants to take the following actions immediately: (i) transfer any and all rights of the undersigned in and to the following domain names to <name of mark owner>: <insert all domain names to be transferred> (collectively the "Domain Name"); and (ii) cease and desist from any and all use of the Domain Name. Dated: , 20 . <insert name of registrant/cyber squatter> By: Its: American LegalNet, Inc. © www.FormsWorkFlow.com