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A domain name can function as a trademark if it is used to identify goods or services and is not used simply as a website address. Although providing a staggering global market forum, the internet also provides fertile ground for trademark infringers.
A business registered a domain name that was already trademarked by a competitor but had not yet been registered as a domain name.In such cases, the owner of the domain name unfairly benefits from the deceptive domain name. Courts will find the domain name constitutes trademark infringement.
Having your attorney write a response letter to try bargaining with the other trademark owner for continued use of the name. Asking the other party for more information, including seeing their trademark to evaluate whether they have a legitimate claim.
1Identification of complaining party (trademark owner) and its trademark rights (include information about your federal registration with the trademark office)2Identification of the challenged use.3Statement of basis for concern or complaint.Draft a Free Trademark Infringement Cease & Desist Letter \n.com > cease-and-desist-trademark-infringement-letter
Yes you can get sued. The issue is whether your use of the domain name violates the trademark rights of this competitor. Trademarks identify the source of goods and services.
A person or business lacked a legitimate claim to a domain name, but registered a trademarked domain name with the sole intent to sell the name, prevent the trademark holder from gaining access to the name, or divert traffic to the domain's site. This is a practice known as cybersquatting.
Identification of complaining party (trademark owner) and its trademark rights (include information about your federal registration with the trademark office) Identification of the challenged use. Statement of basis for concern or complaint.
No specified method of delivery is required for a cease-and-desist letter. Because it is not a legal document, you can write and send the letter yourself without the help of a legal professional, or you can hire an attorney to write and serve the letter for you.
Even if your business name isn't directly infringing on another company's name, you could still be violating another trademark. If a company holds a registered trademark that your company name may be likely to cause confusion with, you could be vulnerable to a lawsuit.