Kentucky Form - Cease and Desist Letter For Trademark Infringement Internet Domain Name
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FAQ
Such letters are usually written by attorneys and are often sent to stop alleged or actual infringement of intellectual property rights, such as copyrights, trademarks, and patents. A cease-and-desist letter may also be used to warn the wrongdoer against harassment, slander, libel, as well as contractual violations.
File a trademark infringement lawsuit. If you take the domain name registrant to court and win, the court will order the domain name registrant to transfer the domain name to you. The court might also award you money damages as well.
Hear this out loud PauseIn certain situations, yes. If you register a domain that is protected by someone else's trademark rights and they take legal action, you could be forced to transfer domain ownership.
Hear this out loud PauseIf 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.
Some well publicized examples of these types of domain names disputes are: candyland.com: Both Hasbro and an adult entertainment provider desired the candyland.com domain name. Hasbro was too late to register the name itself, but it is never too late to sue (well, almost never).
In relation to this general concept, domain name trademark infringement thus occurs when a person or entity acquires and/or uses a domain name that is otherwise protected by a trademark.
Hear this out loud PauseA 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.
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.