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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.
Sending a defamation cease and desist letter is one of the simplest and most cost-effective ways to stop defamatory behavior. A cease and desist letter for defamation informs the recipient that you will take further legal action against them if they do not stop their defamatory statements about you.
While ignoring the letter may not have legal consequences, the sender may keep sending you further correspondence, and may eventually decide to pursue legal action against you.
One reason you should always consult with legal counsel before drafting and sending a cease-and-desist letter is that your efforts could backfire.
A cease and desist order is not enforceable. However, this does not mean a cease-and-desist letter should be ignored. Cease-and-desist letters can be used as evidence against you if the dispute becomes a lawsuit. The letter demonstrates to the courts that the sender advised you that your actions were unacceptable.
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].
A domain name cease and desist letter is usually written by an attorney, although sometimes it's written by the trademark owner. The letter is not a court order, so it isn't legally enforceable. The letter contains your opinion, while notifying the offender that they're intruding upon your trademark.
The Role of Cease-and-Desist Letters in Canadian Law It is important to note that while a cease-and-desist letter is a powerful tool, it is not a guarantee of resolution. If the recipient does not comply or disputes the allegations, further legal action may be required.