COMPANY LETTERHEAD INFORMATION
[Name of Infringing Company]
[City, State Zip]
Attention: [Insert Name]
RE: Trademark Infringement
Dear Sir or Madam:
[Insert name of company] (the “Company”) owns and operates [Insert publicly known name of company]. The Company also owns trademarks associated with its business [, a sample of which is attached for your reference] [registered with the United States Patent and Trademark Office with the registration number “U.S. Reg. No. [registration no.],” attached hereto for your reference] (“Trademark”). [The Company owns the domain name [Insert domain name], which is an operating commercial website.]
It has come to our attention that your business, [Insert Name of Infringing Company], has registered and is using the domain name [Insert 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 [Insert Name of Infringing Company’s] products and/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 and/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 attorney’s fees, and may also include injunctions against your further use of the Domain Name(s) and the transfer of your Domain Name(s) to the Company.
We respectfully request that you immediately discontinue any and all use of the Domain Name(s) in association with the marketing, sale, distribution, or identification of your products or services, and that you transfer the registration of the Domain Names to the Company. Please respond to us in writing within fourteen (14) calendar days indicating that you will cease and desist from any and all further use of our Trademark, the Domain Name(s), and any confusingly similar trademark or domain name. We hope this issue can be resolved civilly and that we can avoid pursuing any further 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.
[Insert Name of Signing Person]
[Insert Title of Signing Person]