Received a letter today regarding a domain I registered a few months ago...
Here's what the letter said:
The site is a regional site that went live a couple of months ago. Hasn't made a dime yet.
The USPTO site doesn't have a registered or pending mark for the "4 generic words"...
I searched for the company name "XYZ Co." and couldn't find anything on the web about the company or about the phrase they're claiming to have common-law trademark ownership over...
Any suggestions as to how I should proceed here?
Thanks in advance.
Here's what the letter said:
We represent XYZ Co., the owner of the common-law trademark, "4 generic words". XYZ Co uses this mark in the United States in conjunction with property it's "--------------------------" services. This mark has been used continuously for more than a decade.
Our client has recently discovered that "Pickle22" registered the www domain name "4genericwords.com"and is operating a commercial website which infringes upon our client's common-law trademark rights, constitutes false designation of origin and is in violation of the Anticybersquatting Consumer Protection Act of 1999, which embodied in the Lanham Act. Furthermore, "Pickle22" is trading on the good will of our client by using a domain name that is confusingly similar to "4 generic words".
On behalf of our client, we hereby demand that you immediately cease and desist from operating the infringing website and remove the same form public access, and provide us with written confirmation that you have done so within twenty four (24) hours from your receipt of this letter.
Please note, this letter does not constitute an exhaustive statement of our client's legal position, nor is it a waiver of any of our rights and/or remedies in this or any other matter, all of which are expressly reserved. Your immediate attention to this matter is expected and appreciated.
The site is a regional site that went live a couple of months ago. Hasn't made a dime yet.
The USPTO site doesn't have a registered or pending mark for the "4 generic words"...
I searched for the company name "XYZ Co." and couldn't find anything on the web about the company or about the phrase they're claiming to have common-law trademark ownership over...
Any suggestions as to how I should proceed here?
Thanks in advance.