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Hi Peers I like to share some details of the Legal Notice and my reply and finally how it was solved.
(Now the issue is solved)
I got this letter after I sent an outbound to the company for domain for sale
Please share your views on the same & even think and tell what will be your response if you were in my shoes.
Please post if you don't need this true story
The domain name was XXXXXLoan.com (actual first 5 letters of the name is replaced with XXXXX )
______________Part ONE_____________
Lawyer Notice Received
Sent in Letter Law Firm Head
DIRECT: Phone #
RE: Your XXXXX Domain Name
Our Reference No........
To Whom It May Concern,
I am Senior Counsel responsible for brand protection for XXXXX Franchising, LLC. I am writing concerning your registration and use of the domain name XXXXXLoan.com.
As you likely are aware, XXXXX Franchising, LLC is a franchisor that operates in the mortgage brokerage industry. XXXXX Mortgage franchisees offer high quality mortgage brokerage services, including the processing, originating, and solicitation of residential mortgage loan applications for consumers purchasing a residence or refinancing an existing residential mortgage. XXXXX Franchising, LLC owns several United States trademark registrations for XXXXX, including registration numbers yyyy, yy.yy.yyy; and y,yy,yyy.
The Uniform Domain Name Dispute Resolution Policy (“UDRP”), which you agreed to as part of your registration agreement for this domain, and the Anti-Cybersquatting Consumer Protection Act (“ACPA”) prohibit the bad faith registration and use of a domain name that is identical or confusingly similar to a protected trademark. The ACPA provides not only for an order transferring the domain name, but also an award of statutory damages of up to $100,000 per domain, plus attorney’s fees. The ACPA and UDRP both explicitly provide that it constitutes bad faith to register a domain for the purpose of selling it to the trademark owner for more than your out-of-pocket costs for the domain.
Although you have never had any affiliation or connection with XXXXX Franchising, LLC or the XXXXX Mortgage network of franchisees and loan officers, you have registered a domain containing the XXXXX trademark in its entirety combined with a mortgage industry-related term, “loan.” This combination of terms illustrates your actual knowledge of XXXXX Franchising and its services. In addition, on June 19, 2018, the domain administrator for XXXXX Franchising received an offer for the sale of XXXXXloan.com—the site for which offers the domain for €4,999.00. Furthermore, we are aware that you were the Respondent in a 2010 UDRP proceeding regarding your registration and use of several wwwww-related domains (e.g. wwwbookpro.com, wwwwwcheap.com). Your pattern and practice of registering domains containing the trademarks of others combined with your registration and offer for sale of XXXXXloan.com can only be construed as evidence of bad faith pursuant to the UDRP and ACPA.
As a result, XXXXX Franchising, LLC hereby requests that you: a) cease use of the domain XXXXXloan.com and promptly transfer it, and any other domain that you own that includes the term “XXXXX,” to XXXXX Franchising, LLC; b) confirm you will desist from registering any name including the term “XXXXX” in the future; and c) remove any reference to XXXXX or XXXXX MORTGAGE from any web site you own or control.
Please contact me to arrange for the details of transfer. XXXXX Franchising, LLC reserves the right to take legal action, including potentially a suit for injunctive relief and damages under the ACPA and/or a proceeding pursuant to the UDRP. Thank you for your prompt attention to this matter.
Very truly yours,
First Name Last Name
Law Firm Seal & Sign
(Now the issue is solved)
I got this letter after I sent an outbound to the company for domain for sale
Please share your views on the same & even think and tell what will be your response if you were in my shoes.
Please post if you don't need this true story
The domain name was XXXXXLoan.com (actual first 5 letters of the name is replaced with XXXXX )
______________Part ONE_____________
Lawyer Notice Received
Sent in Letter Law Firm Head
DIRECT: Phone #
RE: Your XXXXX Domain Name
Our Reference No........
To Whom It May Concern,
I am Senior Counsel responsible for brand protection for XXXXX Franchising, LLC. I am writing concerning your registration and use of the domain name XXXXXLoan.com.
As you likely are aware, XXXXX Franchising, LLC is a franchisor that operates in the mortgage brokerage industry. XXXXX Mortgage franchisees offer high quality mortgage brokerage services, including the processing, originating, and solicitation of residential mortgage loan applications for consumers purchasing a residence or refinancing an existing residential mortgage. XXXXX Franchising, LLC owns several United States trademark registrations for XXXXX, including registration numbers yyyy, yy.yy.yyy; and y,yy,yyy.
The Uniform Domain Name Dispute Resolution Policy (“UDRP”), which you agreed to as part of your registration agreement for this domain, and the Anti-Cybersquatting Consumer Protection Act (“ACPA”) prohibit the bad faith registration and use of a domain name that is identical or confusingly similar to a protected trademark. The ACPA provides not only for an order transferring the domain name, but also an award of statutory damages of up to $100,000 per domain, plus attorney’s fees. The ACPA and UDRP both explicitly provide that it constitutes bad faith to register a domain for the purpose of selling it to the trademark owner for more than your out-of-pocket costs for the domain.
Although you have never had any affiliation or connection with XXXXX Franchising, LLC or the XXXXX Mortgage network of franchisees and loan officers, you have registered a domain containing the XXXXX trademark in its entirety combined with a mortgage industry-related term, “loan.” This combination of terms illustrates your actual knowledge of XXXXX Franchising and its services. In addition, on June 19, 2018, the domain administrator for XXXXX Franchising received an offer for the sale of XXXXXloan.com—the site for which offers the domain for €4,999.00. Furthermore, we are aware that you were the Respondent in a 2010 UDRP proceeding regarding your registration and use of several wwwww-related domains (e.g. wwwbookpro.com, wwwwwcheap.com). Your pattern and practice of registering domains containing the trademarks of others combined with your registration and offer for sale of XXXXXloan.com can only be construed as evidence of bad faith pursuant to the UDRP and ACPA.
As a result, XXXXX Franchising, LLC hereby requests that you: a) cease use of the domain XXXXXloan.com and promptly transfer it, and any other domain that you own that includes the term “XXXXX,” to XXXXX Franchising, LLC; b) confirm you will desist from registering any name including the term “XXXXX” in the future; and c) remove any reference to XXXXX or XXXXX MORTGAGE from any web site you own or control.
Please contact me to arrange for the details of transfer. XXXXX Franchising, LLC reserves the right to take legal action, including potentially a suit for injunctive relief and damages under the ACPA and/or a proceeding pursuant to the UDRP. Thank you for your prompt attention to this matter.
Very truly yours,
First Name Last Name
Law Firm Seal & Sign
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