Virginia Domain Name Infringement Letter
Description
How to fill out Domain Name Infringement Letter?
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FAQ
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.
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.
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.
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.
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].
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.
