Notice of Trademark Infringement form.....?

[pam]

Does anyone know where I can find a form I can copy/download to file a notice of trademark infringement?

I'm going to start going after all these sites that are using my trademarked domain name to push their search engines results higher up.

 

[jberryhill]

There are probably lots of examples at chillingeffects.org. Whether one of those might be applicable to your particular circumstances is anyone's guess.

[....]

Oh, for a moment there I assumed you were looking for a c&d letter. What is it you want to file and where?

 

[pam]

Well, John, from what you and everyone else tells me, I have to protect my trademark, and I sure as hell agree. Hundreds of sites are using my domain name in their keywords on Google to improve their standings. Found a handful on Yahoo so far, and have begun looking at smaller SEs as well.

I'd like to have a form I can send to the website owner and their webhost (if in the USA) to tell them they are infringing on my trademark and to cease and desist.

I have a DMCA notice I file often but it's not quite the same thing

 

[jberryhill]

Oh, okay. Yes, then there are loads of example c&d letters at chillingeffects.org.

Several of these folks are doing different things. Putting 2 and 2 together.... The ATK people seem to be primarily using Google Adwords, and they identify their attorney on their home page. Since they outrank you on your registered TM for certain Google searches, they should be your primary target.

You might consider consulting with the attorney who filed your registration application. Then again, that's the same attorney who still has a .com domain name of a relevant .gov site, and used to use that to drive people to his business. Given the various regulations that apply to attorney advertising, I personally considered that to be outrageously unethical. He has since tanked the web page there.

In any event, if you can break them down into categories, then you can work up a letter for each category which:

1. Identifies your registration
2. Explains how they are infringing your rights.
3. Cites a few relevant cases and outcomes.
and
4. Demands that they stop.

Laws change, and facts are often different in various situations. That's why you aren't going to find a fill-in-the-blanks type form for this kind of thing.

 

[jberryhill]

One minor note that I should point out is that when you provide notice of infringement, you start a clock running on your ability to enforce against them. If you give notice, and then don't do anything for a number of years, they may have an equitable defense that your inaction gave them a justifiable reason for thinking you weren't going to do anything.