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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. Protect your trademark with a domain cease and desist letter - .com ? articles ? protect-your-trad... .com ? articles ? protect-your-trad...
Dear [Infringer's Name]: We have recently discovered that your business is using the mark [mark/domain] for your service or product. We believe your use infringes on our ownership of the [registered trademark/domain] mark. We learned of your use of the same or similar [mark/domain] mark on [date]. Trademark Cease and Desist Letter Shepard Broad College of Law ? alumni ? docs Shepard Broad College of Law ? alumni ? docs DOC
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.
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).
Send a Cease-and-Desist Letter Legal experts recommend sending a cease-and-desist letter as your first act of defense. This is a formal demand for the infringer to stop using your mark, specifying the infringing use and how it violates your rights as a registered trademark holder. Digip blog | How to Respond to Trademark Infringement digip.com ? blog ? post ? how-to-respond-t... digip.com ? blog ? post ? how-to-respond-t...
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.
How to Stop a Trademark Infringer Step 1: Send a cease-and-desist letter. Sending a cease and desist letter is often the first step in notifying the infringer of the situation and letting them know you are aware of your rights in your trademark. ... Step 2: Report the infringement to the USPTO. ... Step 3: Filing a lawsuit. What to Do If Your Trademark is Infringed Upon - Gerben Law Firm gerbenlaw.com ? blog ? what-to-do-if-your-... gerbenlaw.com ? blog ? what-to-do-if-your-...
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.