Alaska Form - Cease and Desist Letter For Trademark Infringement Internet Domain Name
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How to fill out Form - Cease And Desist Letter For Trademark Infringement Internet Domain Name?
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FAQ
Can I copyright my domain name? Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assigning of domain names through accredited registers.
Acquiring a trademark does not necessarily mean that you own the rights to a domain name that someone else already owns and has been using. However, if you were the first person to own and use the domain name to market your products or services, then your domain may qualify for trademark protection.
This type of domain infringement is similar to cybersquatting but occurs when the domain name holder registers a famous trademark. Competing use. Courts have prohibited such behavior from occurring. But competing claims is a complex field that still gets tangled up in many legal disputes.
The ACPA provides standing for a trademark owner to sue an alleged cybersquatter in federal court and obtain a court order transferring the domain name back to them. In some cases, the cybersquatter must also pay monetary damages.
If you're not sure how to send a cease and desist letter, it is actually quite simple. Once written, you can send a C&D via email, mail, or even in person. Sending it by certified mail is a good option because it requires a signature from the recipient, so you'll know when they receive it.
Cease and desist letters can take many forms (here is one example), but there are six essential components. Proper address of infringing party. ... Proof of your trademark rights. ... Details of the infringement. ... Reasonable time frame for infringing party to respond. ... Demand for written assurance of compliance.
A domain name cease and desist letter is usually written by an attorney, although sometimes it's written by the trademark owner. The letter is not a court order, so it isn't legally enforceable. The letter contains your opinion, while notifying the offender that they're intruding upon your trademark.