You may have received an email or a letter demanding that you turn over your domain name to the person who wrote the letter. You may be wondering what it is and how you can find out how to handle it. Although the letter or email may not contain the words "cease and desist letter" or "demand letter," the common term used to describe this type of letter is "cease and desist
letter." The letters are also occasionally referred to as "domain name demand letters."
An example of a domain name cease and desist letter is provided below so that you will be able to recognize whether your letter is a domain name cease and desist letter. A brief explanation is also included. In order to maintain the confidentiality of the sender and the recipient, the company on whose behalf the letter is being sent is referred to as "ABC Company" and the domain name owner is referred to as "Domain Name Registrant."
[Printed on Stationery Letterhead of Law Firm]
Dear Registrant:
Our law firm represents ABC Company and its direct and indirect subsidiaries. ABC Company offers a wide range of products and services, including ______, ______ and _____ all under the ABC name and mark. ABC is the U.S. trademark registration of the term ABC. ABC Company has been using the ABC name and mark since at least as early as _________. You are presumed to have knowledge of ABC Company's registered marks and reputation because your domain name incorporates the ABC mark in its entirety and is virtually identical to ABC's web site address, www. ABC.com. See PNC Fin. Servo Group Inc. V. Unasi Inc., FA058000535925 (NAF Sept. 20, 2005).
It has recently come to the attention of ABC Company that you are the registrant of the domain name ABC.net. When this domain name is entered into an Internet browser, the user is redirected to a web page that contains a variety of links, the majority of which relate to the goods and services that ABC Company provides. Such uses are a violation of state and federal trademark and unfair competition laws,including, without limitation, the Anticybersquatting Consumer Protection Act, 15 U.S.C. §1125( d). Moreover, such uses and registration are in violation of federal and state trademark and unfair competition laws, and Public Domain Registry's "Domain Registrant Agreement." widespread recognition of ABC Company and ABC marks across the United States. These marks are an invaluable asset of ABC, and cannot and will not permit them to be weakened or destroyed as an identifier of its products.
On behalf of ABC Company, we hereby demand that you immediately cease and desist all uses of the domain name, transfer the registration to ABC Company, and cease and desist all uses of ABC (and any term confusingly similar to ABC). In addition, ABC demands that you certify that you controls no other registrations that include the term ABC (or any term confusingly similar to ABC).
letter." The letters are also occasionally referred to as "domain name demand letters."
An example of a domain name cease and desist letter is provided below so that you will be able to recognize whether your letter is a domain name cease and desist letter. A brief explanation is also included. In order to maintain the confidentiality of the sender and the recipient, the company on whose behalf the letter is being sent is referred to as "ABC Company" and the domain name owner is referred to as "Domain Name Registrant."
[Printed on Stationery Letterhead of Law Firm]
Dear Registrant:
Our law firm represents ABC Company and its direct and indirect subsidiaries. ABC Company offers a wide range of products and services, including ______, ______ and _____ all under the ABC name and mark. ABC is the U.S. trademark registration of the term ABC. ABC Company has been using the ABC name and mark since at least as early as _________. You are presumed to have knowledge of ABC Company's registered marks and reputation because your domain name incorporates the ABC mark in its entirety and is virtually identical to ABC's web site address, www. ABC.com. See PNC Fin. Servo Group Inc. V. Unasi Inc., FA058000535925 (NAF Sept. 20, 2005).
It has recently come to the attention of ABC Company that you are the registrant of the domain name ABC.net. When this domain name is entered into an Internet browser, the user is redirected to a web page that contains a variety of links, the majority of which relate to the goods and services that ABC Company provides. Such uses are a violation of state and federal trademark and unfair competition laws,including, without limitation, the Anticybersquatting Consumer Protection Act, 15 U.S.C. §1125( d). Moreover, such uses and registration are in violation of federal and state trademark and unfair competition laws, and Public Domain Registry's "Domain Registrant Agreement." widespread recognition of ABC Company and ABC marks across the United States. These marks are an invaluable asset of ABC, and cannot and will not permit them to be weakened or destroyed as an identifier of its products.
On behalf of ABC Company, we hereby demand that you immediately cease and desist all uses of the domain name, transfer the registration to ABC Company, and cease and desist all uses of ABC (and any term confusingly similar to ABC). In addition, ABC demands that you certify that you controls no other registrations that include the term ABC (or any term confusingly similar to ABC).
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