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When trademark law protects a domain name, the owner has the right to prohibit the use of similar names or misspelled names by others.
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.
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...
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.
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.
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.
In case of a legal conflict with a later user, the first commercial user of a trademark owns it. If a legal conflict is found to exist, the later user will probably have to stop using the mark and may even have to pay the trademark owner damages.
Domain name trademarks protect against infringements on your domain name. Trademarks are essential for online businesses. They should be used for branded domain names.
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.