Missouri 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
Every cease and desist letter requires the same basic contents, such as: Your name and address. The recipient's name and address. A demand that the recipient stop the unlawful behavior. Sending the letter via certified mail, return receipt requested.
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.
How to write a cease and desist letter The date of the letter. Your name and contact information. Description of your brand and trademark. A statement of what the offending party is doing wrong and that you worked hard to create your brand, which you must protect. What the offending party needs to do now.
Once a trademark owner becomes aware that a third party is infringing its trademark, the first step frequently is to send the infringing party a cease and desist letter as opposed to immediately resorting to filing a legal complaint, seeking a declaratory judgment, or filing a temporary restraining order.
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.
The elements of a cease and desist letter are rather simple: Include your name and address. Include the recipient's name and address. Demand the recipient to stop the harassment. Send it via certified mail, return receipt requested.
Anyone can send a cease and desist letter. An attorney does not have to be involved. However, an attorney can advise complainants on whether their rights have been violated and if they have legal and meritorious rights to send a cease and desist letter.
But when someone intentionally tries to violate your trademark by registering a domain under false pretenses?a practice commonly known as ?cybersquatting??there are legal remedies available to enforce your intellectual property rights.
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.
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].