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Just got this email regarding a domain name i bought at auction last week. Any advice will be greatly appreciated.
Re: Trademark Infringement By ânikegear.comâ
To Whom It May Concern:
I write on behalf of Nike, Inc. (âNikeâ), to demand that you immediately stop all use of the above domain and transfer it to Nike. As you know, Nike is one of the worldâs most famous designers and sellers of footwear, apparel and athletic equipment, and sells its goods through its own retail stores and the retail stores of other companies through its NIKE trademarks.
Nike has used its NIKE trademarks since at least 1971 and this trademark is the subject of US Federal Trademark Registration Nos. 978,952; 1,325,938; 1,214,930; 1,243,248; 1,238,853; 1,277,066 and others, all of which may be viewed at United States Patent and Trademark Office. The trademark is also extesively regsitered in the European Union and the UK. These world famous trademarks have come to be associated exclusively with Nike in the minds of consumers.
Without the permission of Nike, you own the domain name nikegear.com (the âInfringing Domainâ) and use it to forward visitors to the livesoccer.tv website. We believe that you are obtaining financial and commercial gain from this site and your misuse of Nikeâs trademarks constitutes infringement of such marks in that it creates a likelihood that purchasers will be confused and deceived as to sponsorship or affiliation. Your use thus constitutes violations of the US Trademark Act as well as the laws of the UK. You are liable for damages, profits, and payment of our attorneys' fees under US and UK trademark law.
Nike demands that you:
1) immediately cease and desist from any and all use, advertisement and display of any domain name or web address which includes the string ânikeâ, or a similar string, including the Infringing Domain; and
2) provide us with a list of any other domains you own which incorporate Nikeâs famous trademarks (NIKE, AIRJORDAN, AIRMAX, COLE HAAN, CONVERSE, SWOOSH, HURLEY, UMBRO) or misspellings thereof; and
3) transfer the Infringing Domain, and all other infringing domains you have identified in item 2 above, to Nike.
Demand is also made that you contact the undersigned in writing, within Five (5) calendar days acknowledging that all commercial activities with regard to the Infringing Domain have been terminated and that you unlock the domains and provide us with a transfer authorization code for each.
Very truly yours,
Steven M. Levy, Esq.
FairWinds Partners, LLC
1632 Wisconsin Avenue, NW
Washington, D.C. 20007
202-223-9252
[email protected]
Re: Trademark Infringement By ânikegear.comâ
To Whom It May Concern:
I write on behalf of Nike, Inc. (âNikeâ), to demand that you immediately stop all use of the above domain and transfer it to Nike. As you know, Nike is one of the worldâs most famous designers and sellers of footwear, apparel and athletic equipment, and sells its goods through its own retail stores and the retail stores of other companies through its NIKE trademarks.
Nike has used its NIKE trademarks since at least 1971 and this trademark is the subject of US Federal Trademark Registration Nos. 978,952; 1,325,938; 1,214,930; 1,243,248; 1,238,853; 1,277,066 and others, all of which may be viewed at United States Patent and Trademark Office. The trademark is also extesively regsitered in the European Union and the UK. These world famous trademarks have come to be associated exclusively with Nike in the minds of consumers.
Without the permission of Nike, you own the domain name nikegear.com (the âInfringing Domainâ) and use it to forward visitors to the livesoccer.tv website. We believe that you are obtaining financial and commercial gain from this site and your misuse of Nikeâs trademarks constitutes infringement of such marks in that it creates a likelihood that purchasers will be confused and deceived as to sponsorship or affiliation. Your use thus constitutes violations of the US Trademark Act as well as the laws of the UK. You are liable for damages, profits, and payment of our attorneys' fees under US and UK trademark law.
Nike demands that you:
1) immediately cease and desist from any and all use, advertisement and display of any domain name or web address which includes the string ânikeâ, or a similar string, including the Infringing Domain; and
2) provide us with a list of any other domains you own which incorporate Nikeâs famous trademarks (NIKE, AIRJORDAN, AIRMAX, COLE HAAN, CONVERSE, SWOOSH, HURLEY, UMBRO) or misspellings thereof; and
3) transfer the Infringing Domain, and all other infringing domains you have identified in item 2 above, to Nike.
Demand is also made that you contact the undersigned in writing, within Five (5) calendar days acknowledging that all commercial activities with regard to the Infringing Domain have been terminated and that you unlock the domains and provide us with a transfer authorization code for each.
Very truly yours,
Steven M. Levy, Esq.
FairWinds Partners, LLC
1632 Wisconsin Avenue, NW
Washington, D.C. 20007
202-223-9252
[email protected]
