South Dakota 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
The purpose of a Trademark Cease and Desist letter is to notify an alleged trademark-infringer that there is indeed trademark infringement underway and stipulate the trademark holder's demands and threats if those demands are not met.
One reason you should always consult with legal counsel before drafting and sending a cease-and-desist letter is that your efforts could backfire.
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.
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.
A cease and desist order is not enforceable. However, this does not mean a cease-and-desist letter should be ignored. Cease-and-desist letters can be used as evidence against you if the dispute becomes a lawsuit. The letter demonstrates to the courts that the sender advised you that your actions were unacceptable.
To successfully sue a defendant for cybersquatting, a trademark owner must prove: (i) the defendant's bad faith intent to profit from the use of the trademark; (ii) distinctiveness of the trademark at the time of its registration; (iii) the challenged domain's being identical or confusingly similar to the trademark; ...
Many people use the terms cease-and-desist letter and cease and desist order interchangeably, but one significant difference should not be overlooked. A cease and desist letter has no legal standing. It is merely a warning and a request to stop the offending behavior before legal action is taken.
However, if your domain name contains someone else's registered trade mark, you could be committing trade mark infringement. You can infringe a registered trade mark if you use a sign: that is substantially identical with, or deceptively similar to, the trade mark; and.