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I just received this via email regarding one of my domain names, "Colombian.org". From what I make of the letter, they just don't want me to promote coffee on the site (should I build one).
Is there any reason for me to be worried or to take any action?
Here is the email:
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Re: colombian.org
Dear Mr. Batha:
As you may be aware, the Republic of Colombia (the "Republic") is the owner of the United States federally registered certification mark COLOMBIAN (Registration No. 1,160,492) for coffee (the "Certification Mark"). The National Federation of Coffee Growers of Colombia (the "Federation") acts on the Republic's behalf, through the Colombian Coffee
Federation, Inc., to enforce the Republic's rights with respect to the Certification Mark. The Republic has used the Certification Mark for a lengthy period of time. The Certification Mark is a valuable asset that represents, among other things, the Republic's good will and reputation to the public, and the Federation must take all necessary steps to protect it.
It has come to our attention that you have registered the domain
name colombian.org (the "Domain Name"). Although there is no operational web site at the Domain Name as of this writing, we would like to make clear to you the implications of such registration.
The Federation and the Republic have invested substantial
resources in promoting Colombian coffee to consumers worldwide. The use and/or individual appropriation of the word "Colombian" (which as noted above has been registered in the U.S. as a mark) or words confusingly similar to Colombian, by way of an internet domain name or a trademark,
constitute an improper use of a descriptor that effectively takes the goodwill of the Federation and the Republic for private commercial advantage.
The Federation therefore believes that registration of the Domain
Name constitutes "bad faith registration" of a domain name, according to the Uniform Domain Name Dispute Resolution Policy of the Internet Corporation for Assigned Names and Numbers (the "ICANN Policy"). Furthermore, such registration will also constitute a violation of applicable trademark laws and infringe the Certification Mark should you operate a web site from the Domain Name which relates to or commercializes
coffee products or services associated with coffee because it is likely to cause confusion among consumers as to the source of the goods or services that you may offer on your web site. Such incorporation of the Certification Mark into the Domain Name is likely to create the misimpression that the Republic or the Federation owns, endorses, supports, promotes and/or operates any web site connected to the Domain Name.
For these reasons, the Federation demands that you abstain from promoting, advertising or commercializing coffee products, or products or services associated with coffee in connection with the Domain Name. This letter serves as notice of a dispute between you and the Federation under the ICANN Policy should you ignore the Federation's demands.
We would also like to emphasize that the Federation does not
intend to prevent you from selling Colombian coffees, or referring to coffees as "Colombian," as long as those coffees comply with applicable Certification Mark standards. The Federation's objective, as mandated by U.S. law, is to deter the use of the valuable mark "Colombian" to identify a particular brand as a trademark or a coffee-related domain name, or to
sell non-Colombian or below grade coffees.
We trust that you will recognize the importance of this matter,
and we anticipate your prompt response to this letter.....
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Is there any reason for me to be worried or to take any action?
Here is the email:
-------------------------------------------------------------
Re: colombian.org
Dear Mr. Batha:
As you may be aware, the Republic of Colombia (the "Republic") is the owner of the United States federally registered certification mark COLOMBIAN (Registration No. 1,160,492) for coffee (the "Certification Mark"). The National Federation of Coffee Growers of Colombia (the "Federation") acts on the Republic's behalf, through the Colombian Coffee
Federation, Inc., to enforce the Republic's rights with respect to the Certification Mark. The Republic has used the Certification Mark for a lengthy period of time. The Certification Mark is a valuable asset that represents, among other things, the Republic's good will and reputation to the public, and the Federation must take all necessary steps to protect it.
It has come to our attention that you have registered the domain
name colombian.org (the "Domain Name"). Although there is no operational web site at the Domain Name as of this writing, we would like to make clear to you the implications of such registration.
The Federation and the Republic have invested substantial
resources in promoting Colombian coffee to consumers worldwide. The use and/or individual appropriation of the word "Colombian" (which as noted above has been registered in the U.S. as a mark) or words confusingly similar to Colombian, by way of an internet domain name or a trademark,
constitute an improper use of a descriptor that effectively takes the goodwill of the Federation and the Republic for private commercial advantage.
The Federation therefore believes that registration of the Domain
Name constitutes "bad faith registration" of a domain name, according to the Uniform Domain Name Dispute Resolution Policy of the Internet Corporation for Assigned Names and Numbers (the "ICANN Policy"). Furthermore, such registration will also constitute a violation of applicable trademark laws and infringe the Certification Mark should you operate a web site from the Domain Name which relates to or commercializes
coffee products or services associated with coffee because it is likely to cause confusion among consumers as to the source of the goods or services that you may offer on your web site. Such incorporation of the Certification Mark into the Domain Name is likely to create the misimpression that the Republic or the Federation owns, endorses, supports, promotes and/or operates any web site connected to the Domain Name.
For these reasons, the Federation demands that you abstain from promoting, advertising or commercializing coffee products, or products or services associated with coffee in connection with the Domain Name. This letter serves as notice of a dispute between you and the Federation under the ICANN Policy should you ignore the Federation's demands.
We would also like to emphasize that the Federation does not
intend to prevent you from selling Colombian coffees, or referring to coffees as "Colombian," as long as those coffees comply with applicable Certification Mark standards. The Federation's objective, as mandated by U.S. law, is to deter the use of the valuable mark "Colombian" to identify a particular brand as a trademark or a coffee-related domain name, or to
sell non-Colombian or below grade coffees.
We trust that you will recognize the importance of this matter,
and we anticipate your prompt response to this letter.....
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