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Trademark Infringement Internet Domain
VIA EMAIL, FACSIMILE AND CERTIFIED MAIL. RETURN RECEIPT REQUESTED.
We are writing this letter on behalf of our clients, __________________, and _________________, owners and operators of _______________, and who have acquired and maintain valuable trademark rights in and to the names and marks "___________" and "_______________". As set forth in detail below, it has recently come to our clients attention that, on or about the ___________ day of __________ 20 __, (service companys name) registered the domain name [.com]. 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 (indicate type of business) in (address of business) which is also widely known to the public in the trade as __________. Our clients' rights in and to the names and marks ___________________ (Name) and _____________ (Name) 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) 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 ____________ (co. Name) reveals several pages of OUR clients' information and photographs concerning ___________________, (Name) at __________________ (location).
Considering the recent ______________ (company) policies concerning the use and registration of Internet domain names, adopted and in effect effective the ___________ day of __________ 20 __, our clients were extremely surprised to learn of the new registration by __________________, of the domain name _______________.com. Please be advised that there is ample precedent for asserting a well founded claim for trademark infringement against ______________ based upon your adoption of this mark as your domain name. Due, in part, to the fact that ____________ (company) 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 ________________ (company name) does not search or clear applications to register domain names, the new _____________ (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 __________________ (Name) could have satisfied its obligations under the _______________ (Name) rules in good faith, and warranted that its use of the 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 _______________.com demonstrates a clear intention to trade upon our clients reputations and services and to foster an affiliation between _________ (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 "_______________".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 _______________ 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 __________________ .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 _______________________. We demand that you inform us in writing, within ten (--) days of the date of this letter, that you will cease using the 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.
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