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

You may have received an email or a letterpermit them to be weakened or destroyed as an
demanding that you turn over your domain name toidentifier of its products.
the person who wrote the letter. You may beOn behalf of ABC Company, we hereby demand that
wondering what it is and how you can find out howyou immediately cease and desist all uses of the
to handle it. Although the letter or email may notdomain name, transfer the registration to ABC
contain the words "cease and desist letter" orCompany, and cease and desist all uses of ABC (and
"demand letter," the common term used to describeany term confusingly similar to ABC). In addition, ABC
this type of letter is "cease and desist letter." Thedemands that you certify that you controls no other
letters are also occasionally referred to as "domainregistrations that include the term ABC (or any term
name demand letters."confusingly similar to ABC).
An example of a domain name cease and desistABC looks forward to your cooperation in resolving
letter is provided below so that you will be able tothis matter quickly. Please contact the undersigned no
recognize whether your letter is a domain namelater than noon Eastern Time, on [date] to provide
cease and desist letter. A brief explanation is alsonotice that you agree to comply immediately with
included. In order to maintain the confidentiality of thethe demands set forth in this letter. Please note that
sender and the recipient, the company on whoseif we cannot promptly resolve this matter on an
behalf the letter is being sent is referred to as "ABCamicable basis, we will advise ABC Company to take
Company" and the domain name owner is referred toall required actions against you that it deems
as "Domain Name Registrant."necessary to protect ABC's rights. You can find
[Printed on Stationery Letterhead of Law Firm]additional information about the risks of domain name
Dear Registrant:infringement at the website
Our law firm represents ABC Company and its directWe are confident that ABC Company would prevail
and indirect subsidiaries. ABC Company offers a wideagainst you in any legal action. This letter is without
range of products and services, including ______,any waiver of or prejudice to ABC Company s rights,
______ and _____ all under the ABC name andclaims, remedies, or demands, all of which are hereby
mark. ABC is the U.S. trademark registration of theexpressly reserved.
term ABC. ABC Company has been using the ABCSincerely, Signature of Attorney
name and mark since at least as early asThe foregoing is an example of a domain name
_________. You are presumed to have knowledgecease and desist letter that was sent by a large law
of ABC Company's registered marks and reputationfirm in an attempt to obtain the domain of the
because your domain name incorporates the ABCregistrant. If you have received a letter similar to this
mark in its entirety and is virtually identical to ABC'stype letter, you now know that you have received a
web site address, www. See PNC Fin. Servo Groupdomain name cease and desist letter.
Inc. V. Unasi Inc., FA058000535925 (NAF Sept. 20,The allegation made in these types of domain name
2005).cease and desist letters may be a bluff or it may
It has recently come to the attention of ABCactually have some legal basis. Because there may be
Company that you are the registrant of the domaina substantial risk if you do not give up the domain, it
name ABC.net. When this domain name is enteredis advisable that you consult with an attorney for a
into an Internet browser, the user is redirected to athorough evaluation of the situation.
web page that contains a variety of links, theDomain name cease and desist letters are being sent
majority of which relate to the goods and servicesout with increasing frequency as the Internet grows
that ABC Company provides. Such uses are aand as the number of available domains diminishes.
violation of state and federal trademark and unfairThe letters are often unfounded attempts to
competition laws,including, without limitation, theintimidate the registrant. Other letters do, in fact,
Anticybersquatting Consumer Protection Act, 15have a legal basis and can be the precursor of a
U.S.C. ยง1125( d). Moreover, such uses andsizable legal dispute. If you have received a domain
registration are in violation of federal and statename cease and desist letter of this nature, your
trademark and unfair competition laws, and Publicresponse (and the consequences of your response)
Domain Registry's "Domain Registrant Agreement."should be carefully considered. A domain name law
widespread recognition of ABC Company and ABCfirm domain name law firm that has had extensive
marks across the United States. These marks are anexperience with domain name cease and desist
invaluable asset of ABC, and cannot and will notletters is DomainNameLawyers.