Nasty Cease & Desist Letter

Nasty Domain Name Cease and Desist Letter


Domain name is the valuable asset to a company and to protect and have the knowledge of it is mandatory. Your trademark, your domain name should be your property. And you should take full charge for it. The efforts that you put in to establish a name and goodwill in the market, is not meant for someone else to cash by just copying the trademark or domain name in entirely or partially. Domain name cease and desist letter may serve as a legal notice to prohibit the illegal usage of the domain name by other than the owner for their own benefits.

Below you will find a generic letter that is probably a bit more detailed with more legal ease, however, it does not change the meaning of the letter.  Basically, if you receive one of these letters do not be alarmed.  Of course, if you have been profiting behind the domain name you purchased then yes there is call for alarm.  Mainly, the rightful owner merely wants you to stop using their trademarked name.  If you merely hand regged a domain name and leave it sitting in your bin you will be okay.  The company as an example really can’t take it from you but again they cannot use it either.  This is why most companies will send this type of letter and hope you will transfer the domain name to them.  On the other hand, if you have to issue one of these letters please remember most of the time and I am generalizing this statement, most people mean no harm and most likely never knew the domain name they purchased was even trademarked.  Now then, if the domain name is Gooogle.com or something similar, well then the arbitrator could say you either knew or should have known the name was trademarked, after all you are selling Gooogle ipads on Google.com.  You see what I am speaking of here?  Well, I hope this helps you in your mission to stay honest and keep others honest as well….Kev


Tips about what and how to write a domain name cease letter:

  1. You should investigate the case of infringement carefully, and before writing the letter, decide what constitute infringement of the domain name and whether you have your documents in place to justify your priority ownership of the trademark and domain name.
  2. Also decide the intensity of infringement and the motive behind the same; it may be just accidental, or purposeful. Analyze what loss it has caused to the business. Accordingly, decide the tone of the cease letter.
  3. Also, make sure that though you own the domain name under ICANN you have also used it before the offended party for the business purpose. Because law will not protect the unused domain names.
  4. Also attach the copy of the registration document of the domain name with the cease letter.
  5. Demand the party to stop illegal usage of infringed or confusing domain names that with your owned domain name.
  6. Inform the party about your intention to take further legal action if the party fails to do the required changes.

Sample letter to cease the use of infringed domain name:

123 Business,
1523 Hollywood blvd.
Los Angeles, Ca. 90023
some@123business.com

January 10, 2005

Your Business
001 Silly Ave
Columbus, OH
United States 45612

Dear Registrant,

This letter is being written to you on behalf of  123business, which is the owner of 123business.com domain. The copy of the original Domain Name Registration Agreement dated January 19, 1985 has been attached with this letter for your reference.

We have been using this domain name since January 27 1980 for our online selling business for the 123 product. It has come to our notice that some business has been registered that use abcs.com domain name for the selling of various products. This domain name has used the domain name owned by ABC business in its entirety and also is internationally using the goodwill owned by the ABC business.

Such use of domain name is intended to confuse the customers and mislead them to your website. These actions are unlawful and we hereby strongly demand you to either return the domain name to ABC business or to stop the use of similar and misdirecting domain name with immediate effect. Failing to do so in the time frame of 7 days, we will be forced to file a suit and take legal action against you.

Sincerely,
Knuckleheads

The domain names are the critical assets to the company, which help company secure brand reputation online, hence, any infringement to such asset should be answered with domain name cease and desist letter.