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Trademark Infringement
TRADEMARK INFRINGEMENT-INTERNET DOMAIN
[Company Address]
[date]
VIA TELEFAX AND CERTIFIED MAIL.
RETURN RECEIPT REQUESTED.
[Name of company in breach], Inc.
Attn: [First Name of company official] [Last Name of company official]
Re: [clients name]
Dear <Mr./Mrs.] [Last Name of company official],
We are writing this letter on behalf of our clients, [client name 1],and [client name 2], owners and operators of [Client company], and who have acquired and maintain valuable trademark rights in and to the names and marks "[Trademark 1]" and "[Trademark 2]". As set forth in detail below, it has recently come to our clients attention that, on or about [Date of breach], [Service company's name], Inc., registered the domain name [Domain name].COM with [Register company's name], Inc. Such use violates our clients rights and is likely to cause confusion.
Our clients have, for many years, offered to the public their services as the owners and operators of a first class, [type of business] in [address of business] which is also widely known to the public in the trade as [Alias name]. Our clients' rights in and to the names and marks [Trademark 1] and [Trademark 2] are valuable assets acquired, developed, and exploited by our clients, which our clients are, and have been active in protecting. As a result of our clients efforts and substantial expenditures, the public has come to associate the name "[Trademark 1]" with our clients and with first class [type of business] services, in general.
We therefore strenuously object to your adoption and use of our clients' valuable trademark as your proposed INTERNET address. Your proposed use is all the more likely to cause confusion in that very medium, as an Internet search for [Trademark 1] reveals several pages of OUR clients' information and photographs concerning [Company Name], at [location of company].
Considering the recent [Register company's name] policies concerning the use and registration of Internet domain names, adopted and in effect effective [Date policy is effective], our clients were extremely surprised to learn of the new registration by [Name of company in breach], Inc., of the domain name [Domain name].COM. Please be advised that there is ample precedent for asserting a well-founded claim for trademark infringement against [Name of company in breach]. Inc., based upon your adoption of this mark as your domain name. Due, in part, to the fact that [Register company's name] currently permits only one logical domain name per applicant / entity, and because there is no directory of domain names, and Internet users must therefore "discover" or guess the addresses of the sites for which they seek information, courts have previously held that it is appropriate to enjoin use of a logical domain name by a registrant which is likely to confuse the public into believing that the domain name is in fact associated with another entity or is likely to dilute that mark to the first used.
While [Register company's name] does not search or clear applications to register domain names, the new [Register company's name] rules clearly provide that the applicant for registration of a domain name must warrant and represent that it has the legal right, and a bona fide intent, to use that domain name, and that its use by the applicant will not interfere with or infringe the property rights of any other person or entity in any other jurisdiction. Our clients find it difficult indeed, to understand how [co. name] could have satisfied its obligations under the [co. name] rules in good faith, and warranted that its use of the domain name [Domain name].COM does not interfere with, or infringe the rights of any other entity.
Accordingly, our clients believe that your selection and registration of the domain name [Domain name].COM demonstrates a clear intention to trade upon our clients reputations and services and to foster an affiliation between [client's company name] on the one hand, and our clients and their high quality services on the other, when in truth and in fact there is no such affiliation or association. Due to the extraordinarily wide dissemination of materials on the Internet, and also in view of our clients own prominent presence on the Internet under and in connection with the name , your selection of the name [Domain name].COM for your domain name address creates a high likelihood that the buying public will be confused and deceived as to the origin and source of your goods and / or services, and / or will assume a connection or affiliation between [client's company name] and ,
or assume a license or sponsorship of the name and mark by our clients, when in fact no such relationship, license or affiliation exists
Your selection of the domain name [Domain name].COM, as set forth above, constitutes Federal Unfair Competition in violation of Section 43.a of the Lanham Act, 15 U. S. C., 1125.a, a violation of the Federal Anti-dilution Statute, 15 U. S. C., 1125.c, and a breach of your representation to ., above described. We therefore hereby demand, on behalf of our clients, that you immediately withdraw your registration with [Register company's name]. We demand that you inform us in writing, within ten (10) days of the date of this letter, that you will cease using the name [Domain name].COM as aforementioned, or in any other way associated with your business.
The foregoing is written without waiver of or prejudice to the rights of our clients, all which are expressly reserved herein.
Very truly yours,
[name / title]
.
[company name and address]