Remove Value Choice in the Domain Name Cease And Desist Letter

Aug 6th, 2022
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How to Remove Value Choice in the Domain Name Cease And Desist Letter

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Hey everybody, Robert Wright here, private label law attorney, and today I want to talk about responding to a cease and desist letter. If you are selling on the Amazon for any period of time, at some point, youre going to get whats called a cease and desist letter. This is basically a communication letter that demands something of you. Generally speaking, its that you cease doing something and desist from doing it ever again. It comes up all the time with patents, and trademarks, and copyrights, someone is saying that youre selling a product that you dont have the rights to be selling, youre using a brand name thats confusingly similar to their brand name, or youve stolen someones copyrighted material. These letters come in all form of fashion. When you get them, remember, theyre not a legal opinion; it is literally, its just a letter from someone. And so, the next step of the analysis is, well, who is the letter from? Is it from the rights holder, the brand itsel

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A domain name cease and desist letter is usually written by an attorney, although sometimes its written by the trademark owner. The letter is not a court order, so it isnt legally enforceable. The letter contains your opinion, while notifying the offender that theyre intruding upon your trademark.
What is a cease and desist letter/email? A cease and desist (or demand) letter/email is correspondence that states or suggests that you are potentially infringing the trademark of another and demands that you stop using, or consider stopping use of, the accused mark.
If you own the trademark to the name used in the domain, you may have an option to take legal action to claim the domain name. This generally applies only if someone is offering similar goods or services as you, and if they began using the name after you.
Sending a letter or email A legal letter or email to the registrant of the disputed domain name may be all it takes to convince them to return or transfer the name at minimal cost to you. Only proceed to arbitration or court action if you really have to.
Whoever is the legal owner of your domain name, that person has total control over it including - what Web site it points to, what domain name registrar maintains it, changing information about your domain name account, controlling who administers it, and being able to sell it. Article continues after video.
A domain name registrant is the person or organization who has registered the domain name. In order to do so, the domain name registrant will usually apply online to a domain registrar or one of their resellers.
To reclaim ownership of a domain name, you can file through the court of the state or country where the plaintiff resides. Once you file through the courts to take back ownership of a domain, it signals to the domain squatter that the domain name is, in fact, worth ample money to you.

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