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Berkman Center for Internet & Society

Topic maintained by Berkman Center for Internet & Society

Domain Names and Trademarks

Does this sound familiar?

Your registration of this domain name, which is essentially identical to our client's trademark, is likely to cause confusion, mistake and deception, and hence constitutes infringement of our client's trademarks and copyrights, as well as constituting unfair competition. Your offering the domain name for sale constitutes "cybersquatting," and violates our client's trademark and copyright rights. In view of the foregoing, we demand that you immediately cancel your domain name registration and provide us with copies of the executed cancellation documents.
Sounds threatening...but is it true? Is your use of the domain name a trademark infringement (Likely to cause consumer confusion as to the source of goods? Diluting or tarnishing a famous mark? A domain registered in bad faith?) or is it protected free speech (Product criticism? News reporting? Non-commercial use?). What is a cybersquatter? What is the UDRP?

To understand the differences, to see how others might respond to a cease & desist letter, to locate attorneys who handle this kind of case, we invite you to read the materials collected on this web site which is maintained by the clinical students at the Berkman Center for Internet & Society at Harvard Law School.

Follow these links and then add your letter to our database.

What to Expect When You're Expecting To Be Sued for Trademark Infringement
Trademark and Domain Name FAQ
What Else Should I Worry About? (links to modules on copyright, defamation, etc.)
What Information Should I Collect for My Defense?
Submit Your Letter Here

For more information, see the Frequently Asked Questions about Domain Names and Trademarks.

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