Domain Name Cease & Desist Letters - What Do They Look Like?

You will have received an email or a letter demanding that you switch over your domain name to the one who wrote the letter. You will be wondering what it's and how you'll notice out how to handle it. Although the letter or email may not contain the words "stop and desist letter" or "demand letter," the common term used to explain this kind of letter is "cease and desist letter." The letters are also sometimes known as "domain name demand letters."

An example of a website name stop and desist letter is provided below thus that you'll be ready to acknowledge whether or not your letter could be a domain name stop and desist letter. A temporary explanation is also included. In order to maintain the confidentiality of the sender and therefore the recipient, the corporate on whose behalf the letter is being sent is called "ABC Company" and the domain name owner is referred to as "Domain Name Registrant."

[Printed on Stationery Letterhead of Law Firm]

Pricey Registrant:

Our law firm represents ABC Company and its direct and indirect subsidiaries. ABC Company offers a big selection of merchandise and services, together with ______, ______ and _____ all below the ABC name and mark. ABC is that the U.S. trademark registration of the term ABC. ABC Company has been using the ABC name and mark since at least as early as _________. You're presumed to possess data of ABC Company's registered marks and name as a result of your domain name incorporates the ABC mark in its entirety and is just about identical to ABC's net website address, www. ABC.com. See PNC Fin. Servo Cluster Inc. V. Unasi Inc., FA058000535925 (NAF Sept. twenty, 2005).

It has recently come to the attention of ABC Company that you are the registrant of the domain name ABC.net. When this domain name is entered into an Net browser, the user is redirected to a internet page that contains a selection of links, the majority of that relate to the products and services that ABC Company provides. Such uses are a violation of state and federal trademark and unfair competition laws,together with, without limitation, the Anticybersquatting Client Protection Act, fifteen U.S.C. ?1125( d). Moreover, such uses and registration are in violation of federal and state trademark and unfair competition laws, and Public Domain Registry's "Domain Registrant Agreement." widespread recognition of ABC Company and ABC marks across the United States. These marks are an invaluable asset of ABC, and cannot and can not permit them to be weakened or destroyed as an identifier of its products.

On behalf of ABC Company, we tend to hereby demand that you immediately stop and desist all uses of the domain name, transfer the registration to ABC Company, and cease and desist all uses of ABC (and any term confusingly like ABC). In addition, ABC demands that you certify that you controls no alternative registrations that include the term ABC (or any term confusingly like ABC).

ABC looks forward to your cooperation in resolving this matter quickly. Please contact the undersigned no later than noon Jap Time, on [date] to produce notice that you simply conform to comply immediately with the demands set forth in this letter. Please note that if we tend to cannot promptly resolve this matter on an amicable basis, we have a tendency to will advise ABC Company to require all required actions against you that it deems necessary to shield ABC's rights. You'll notice further information regarding the risks of domain name infringement at the web site <http://www.wipo.int/amc/en/domains>.

We have a tendency to are assured that ABC Company would prevail against you in any legal action. This letter is without any waiver of or prejudice to ABC Company s rights, claims, remedies, or demands, all of which are hereby expressly reserved.

Sincerely, Signature of Attorney

The foregoing is an example of a website name stop and desist letter that was sent by a large law firm in an attempt to get the domain of the registrant. If you have received a letter similar to the current sort letter, you currently understand that you've got received a website name stop and desist letter.

The allegation made in these sorts of domain name cease and desist letters might be a bluff or it could actually have some legal basis. As a result of there may be a substantial risk if you do not give up the domain, it is advisable that you just see an attorney for an intensive evaluation of the situation.

Domain name cease and desist letters are being sent out with increasing frequency because the Net grows and as the number of available domains diminishes. The letters are often unfounded tries to intimidate the registrant. Alternative letters do, in fact, have a legal basis and will be the precursor of a large legal dispute. If you have got received a website name cease and desist letter of this nature, your response (and the implications of your response) ought to be carefully considered. A website name law firm <http://DomainNameLawyers.com/> domain name law firm that has had in depth expertise with domain name stop and desist letters is DomainNameLawyers.com

A noted authority on Web legal issues, Mr. Sturgeon has managed and litigated several hundred Net legal cases worldwide. He has been quoted as an professional by the New York Times, the Washington Post, CBS, NBC, CNET and many international news publications. His speaking engagements have included displays to the American Intellectual Property Law Association likewise on various international Net conferences. He has also been appointed to the United Nations Net Task Force and has provided testimony to a U.S. Congressional Committee on Web law issues.

ArticleSource: ArticlesAlley.com