Oregon Cease and Desist Letter For Trademark Infringement in Internet Domain Name
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How to fill out Cease And Desist Letter For Trademark Infringement In Internet Domain Name?
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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.
Parties can also achieve settlement through assignments and licensing. A party that is faced with a prior application or registration can contact the owner of the conflicting mark in an effort to negotiate an assignment of rights or in the alternative, a license.
How to Respond to a Trademark Cease and Desist Letter Submit a Response Letter. ... Sit Tight, Do Nothing. ... Capitulation. ... Negotiate. ... Go On Offense, File Suit.
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.
The most common defenses in trademark infringement, unfair competition and trademark dilution suits include descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the registration, and application of the First Amendment.
Send a Cease-and-Desist Letter Legal experts recommend sending a cease-and-desist letter as your first act of defense. This is a formal demand for the infringer to stop using your mark, specifying the infringing use and how it violates your rights as a registered trademark holder.
The elements of a cease and desist letter are rather simple: Include your name and address. Include the recipient's name and address. Demand the recipient to stop the harassment. Send it via certified mail, return receipt requested.
The first action you should take in responding to a trademark infringement notice is to call and engage a trademark lawyer. An experienced lawyer can help you assess whether the claim being made is frivolous or legitimate.