Letter to domain owner to transfer a domain due to trademark infringement

Letterhead

Request to transfer domain XY due to infringement of trademark XY

Dear Sirs,

In the aforementioned matter we write you on behalf of our client ??, who we regularly represent and advise in IP matters.

Recently our client became aware of the fact that you use

??

as part of the domain

??

The registration and use of that domain infringes trademark rights of our client.

Our client is inter alia owner of the following trademark

??

This trademark gives the owner an exclusive right and allows its proprietor to prevent third parties from using a sign in commerce without his consent if the sign in question and the trademark are at least similar and cover identical or similar goods or services, so that there is a risk of confusion between them for the relevant trade.

In the case at hand you are using ?? as an identical sign like the registered trademark of our client.

You are required to refrain from using the sign ?? as part of the domain ??.

Furthermore, you are obliged to compensate our client for any damages which were caused through the unauthorized use of the trademark. To be able to calculate those damages you are obliged to provide us comprehensive information about the actual use of the domain name, turnover, advertising etc. and provide respective documentation.

To avoid further lengthy and especially costly litigation we offer you the possibility to solve this matter amicably. Therefore, you may transfer the domain to our client, sign the attached cease and desist declaration which includes a contractual penalty for the case of further infringements because the transfer of the domain name alone provides not sufficient security for our client to prevent repeated trademark infringements.

If you sign the attached cease and desist declaration, transfer the domain name to our client in due course our client would waive their claims for damages.

To transfer the domain login to your domain provers administration tool and request an auth code for that domain. Once we receive this auth code from you we can initiate the transfer.

We expect the signed declaration and transfer of the domain to our client by

??

In case that this matter cannot be solved amicably we will propose our client to take legal actions against the aforementioned trademark 

[ENDE DER VORSCHAU]

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