Kentucky Domain Name Infringement Letter

State:
Multi-State
Control #:
US-L0417AM
Format:
Word; 
Rich Text
Instant download

Description

This sample form, a detailed Trademark License as a Dispute Settlement document, is adaptable for use with entertainment, new products, intellectual property/multimedia business and other related areas. Tailor to fit your circumstances. Available in Word format.
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How to fill out Domain Name Infringement Letter?

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FAQ

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.

In a nutshell, a plaintiff in a trademark case has the burden of proving that the defendant's use of a mark has created a likelihood-of-confusion about the origin of the defendant's goods or services. To do this, the plaintiff should first show that it has developed a protectable trademark right in a trademark.

How to Write a Trademark Infringement Cease and Desist Letter Step 1 ? Fill Out the Letterhead & Delivery Information. ... Step 2 ? Include the Details of the Infringement. ... Step 3 ? Show Proof of Your Trademark Rights. ... Step 4 ? Provide a time frame for the infringing party to stop using the trademark.

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.

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 relation to this general concept, domain name trademark infringement thus occurs when a person or entity acquires and/or uses a domain name that is otherwise protected by a trademark.

If, for example, you have a jewelry company with a trademarked name of Romantic Stones, and another company comes along and starts selling jewelry under the name Romantic Stones, you have a pretty clear-cut claim for trademark infringement on your hands.

§ 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion.

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Kentucky Domain Name Infringement Letter