Free preview Cease and Desist Letter for Trademark Infringement of Internet Domain Name
Free preview
Cease and Desist Letter for Trademark Infringement of Internet Domain Name
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Suing Under the ACPA The Anticybersquatting Consumer Protection Act (ACPA) authorizes a trademark owner to sue an alleged cybersquatter in federal court and obtain a court order transferring the domain name back to the trademark owner. In some cases, the cybersquatter must pay money damages.
No specified method of delivery is required for a cease-and-desist letter. Because it is not a legal document, you can write and send the letter yourself without the help of a legal professional, or you can hire an attorney to write and serve the letter for you.
A person or business lacked a legitimate claim to a domain name, but registered a trademarked domain name with the sole intent to sell the name, prevent the trademark holder from gaining access to the name, or divert traffic to the domain's site. This is a practice known as cybersquatting.
A domain name can function as a trademark if it is used to identify goods or services and is not used simply as a website address. Although providing a staggering global market forum, the internet also provides fertile ground for trademark infringers.
The short answer is nevera domain name, by itself, cannot confer any trademark rights on the domain name owner. This is because a domain name, by itself, does not create a consumer association between a company and its products.
Even if your business name isn't directly infringing on another company's name, you could still be violating another trademark. If a company holds a registered trademark that your company name may be likely to cause confusion with, you could be vulnerable to a lawsuit.
Identification of complaining party (trademark owner) and its trademark rights (include information about your federal registration with the trademark office) Identification of the challenged use. Statement of basis for concern or complaint.
Yes you can get sued. The issue is whether your use of the domain name violates the trademark rights of this competitor. Trademarks identify the source of goods and services.