Alaska Cease and Desist Letter for Trademark Infringement of Internet Domain Name
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How to fill out Cease And Desist Letter For Trademark Infringement Of Internet Domain Name?
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FAQ
A prior user's common law rights are cemented regardless of whether they registered their mark. If you send a cease and desist letter to such a prior user, you may get a response letter demanding that you cease and desist using your mark in their neck of the woods.
As a general rule, trademarks do not infringe one another if the underlying products or services of the two companies do not compete and are not distributed in the same trade channels or locations. One of the primary aims of trademark law is to prevent consumer confusion.
When you choose your domain name, you must respect the trademark rights of other parties. If your domain name infringes on someone's trademark, you may be held legally responsible for it. You can avoid that liability by understanding the legalities tied to trademarks and trademark infringement.
A mark comprised of a domain name may be registered as a trademark or service mark in the U.S. Patent and Trademark Office. However, just like any other mark, the domain name is registrable only if it functions to identify the particular source of goods or services offered.
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.
If you trademark your domain name, you have legal protection if someone uses your trademarked name. You can sue the other company and recover financial losses you might have incurred.
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.
Domain name trademark infringement occurs when a person or business uses a domain name that is protected by a trademark, thereby infringing upon another's trademark protection.
A domain name cannot be protected as a trademark merely because it is your address on the Internet. In addition to using the name in commerce, it must be used in a way that distinguishes your goods or services from those of others.
The cease and desist letter should, at a minimum, include the following key provisions:The name of the trademark owner.The trademark and its registration number.A description of the trademark owner's rights.A description of the infringer's activity on the trademark.More items...
