Iowa 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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FAQ
The ACPA provides standing for a trademark owner to sue an alleged cybersquatter in federal court and obtain a court order transferring the domain name back to them. In some cases, the cybersquatter must also pay monetary damages.
Can I copyright my domain name? Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assigning of domain names through accredited registers.
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.
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.
Acquiring a trademark does not necessarily mean that you own the rights to a domain name that someone else already owns and has been using. However, if you were the first person to own and use the domain name to market your products or services, then your domain may qualify for trademark protection.
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.
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.