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SAMPLE DOMAIN NAME CEASE AND DESIST LETTER


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Attention:



Re: Trademark Infringement

Dear Sir or Madam:

(the "Company") owns and operates . The Company also owns trademarks associated with its business, samples of which are attached for your reference  registered with the United States Patent and Trademark Office with the registration number "U.S. Reg. No.," attached for your reference (the "Trademark"). The Company owns the domain name , which is an operating commercial website.

It has come to our attention that your business, , has registered and is using the domain name (the "Domain Name") as a World Wide Web domain name in violation of the Anticybersquatting Consumer Protection Act of 1999 (15 U.S.C. §1125(d)), which is embodied in the Lanham Act (15 U.S.C. §§ 1051-1127). The Domain Name is similar to our Trademark or a very similar mark and is being used in association with the marketing, sale, distribution, or identification of 's products or services, and is thus trading on the name, goodwill and reputation earned by the Company. It is possible that you were unaware of this conflict and we believe it is in our mutual interest to bring it to your attention and resolve it.

Our Trademark provides us with certain proprietary rights, including the right to monitor and restrict the unauthorized use of our Trademark, or confusingly similar trademarks, in association with non-Company products or services. We must exercise this right to protect the value of both our Trademark and of our business. Our Trademark signifies the high quality of products and services offered by the Company and indicates to our customers and to the consuming public that all of our goods or services come from a single source. As such, it contributes substantially to the goodwill and value of the Company. Federal law supports our position that confusingly similar trademarks may cause undesirable confusion in the public. This confusion may in this instance cause material and irreparable harm to our Trademark by eroding the distinct association among our Trademark, our products and services, and the Company. Your actions constitute trademark infringement and unfair competition under both state and federal law, including the Lanham Act, (15 U.S.C. §§1051-1127) and the Anticybersquatting Consumer Protection Act. Remedies for such infringement can include payment of actual and treble damages, recovery of profits, reimbursement of attorneys' fees, and may also include injunctions against your further use of the Domain Name and the transfer of your Domain Name to the Company.

We respectfully request that you immediately discontinue all use of the Domain Name in association with the marketing, sale, distribution, or identification of your products or services, and that you transfer the registration of the Domain Name to the Company. Please respond to us in writing within calendar days from the date of this letter indicating that you will cease and desist from all further use of our Trademark, the Domain Name, and any confusingly similar trademarks or domain names. We hope this issue can be resolved civilly and that we can avoid pursuing any additional legal remedies. This letter is not intended to be a full statement of the facts in this matter, nor is it a waiver of our rights and remedies, whether at law or equity, all of which are expressly reserved.
Sincerely,
_____________________________________________



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Enclosures

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Here's the info you'll need to have handy to complete your doc:

  • Who it’s coming from
    Be sure to include your company information, including the domain name being infringed.

  • Who it's going to
    Make sure to have the full legal name of the infringing company, as well as the name and title of the person who should be receiving your letter.

  • Trademark details
    Have the registration number associated with your trademark ready.

  • Timeframe
    Know how long you want to give the infringing company to respond.

What's a domain name cease and desist letter?

A registered trademark helps to identify your brand and your company to your customers. When someone else uses that name, logo, or in this case, domain name, it creates confusion among your customers and could weaken your brand recognition. This first step in defending that trademark and reaffirming its identification with your business is with a domain name cease and desist letter.

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Sample domain name cease and desist letter

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,

Attention:



Re: Trademark Infringement

Dear Sir or Madam:

(the "Company") owns and operates . The Company also owns trademarks associated with its business, samples of which are attached for your reference  registered with the United States Patent and Trademark Office with the registration number "U.S. Reg. No.," attached for your reference (the "Trademark"). The Company owns the domain name , which is an operating commercial website.

It has come to our attention that your business, , has registered and is using the domain name (the "Domain Name") as a World Wide Web domain name in violation of the Anticybersquatting Consumer Protection Act of 1999 (15 U.S.C. §1125(d)), which is embodied in the Lanham Act (15 U.S.C. §§ 1051-1127). The Domain Name is similar to our Trademark or a very similar mark and is being used in association with the marketing, sale, distribution, or identification of 's products or services, and is thus trading on the name, goodwill and reputation earned by the Company. It is possible that you were unaware of this conflict and we believe it is in our mutual interest to bring it to your attention and resolve it.

Our Trademark provides us with certain proprietary rights, including the right to monitor and restrict the unauthorized use of our Trademark, or confusingly similar trademarks, in association with non-Company products or services. We must exercise this right to protect the value of both our Trademark and of our business. Our Trademark signifies the high quality of products and services offered by the Company and indicates to our customers and to the consuming public that all of our goods or services come from a single source. As such, it contributes substantially to the goodwill and value of the Company. Federal law supports our position that confusingly similar trademarks may cause undesirable confusion in the public. This confusion may in this instance cause material and irreparable harm to our Trademark by eroding the distinct association among our Trademark, our products and services, and the Company. Your actions constitute trademark infringement and unfair competition under both state and federal law, including the Lanham Act, (15 U.S.C. §§1051-1127) and the Anticybersquatting Consumer Protection Act. Remedies for such infringement can include payment of actual and treble damages, recovery of profits, reimbursement of attorneys' fees, and may also include injunctions against your further use of the Domain Name and the transfer of your Domain Name to the Company.

We respectfully request that you immediately discontinue all use of the Domain Name in association with the marketing, sale, distribution, or identification of your products or services, and that you transfer the registration of the Domain Name to the Company. Please respond to us in writing within calendar days from the date of this letter indicating that you will cease and desist from all further use of our Trademark, the Domain Name, and any confusingly similar trademarks or domain names. We hope this issue can be resolved civilly and that we can avoid pursuing any additional legal remedies. This letter is not intended to be a full statement of the facts in this matter, nor is it a waiver of our rights and remedies, whether at law or equity, all of which are expressly reserved.
Sincerely,
_____________________________________________



,

Enclosures