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-1- 4.17 Domain Name Infringement LetterDATE VIA E-MAIL, REGULAR MAIL OR FEDERAL EXPRESS (Domain Name Registrant) Re: Notice of Infringement by Use of Domain Name Dear Sirs: We represent (complainant) in trademark, unfair competition and related matters. It has come to our attention that (domain name registrant) has registered (complainant's mark) with (domain name registrar) as a second level domain name and is using this domain name to operate a web site located at http://www.(challenged domain name).com. According to our research you/your company is the owner of the domain name ______ and the web site. As your company may be aware, (complainant) is __________(information re the complainant).______________ (Complainant) is the owner of the trademark/service mark (name of mark) and has registered this mark in the United States Patent and Trademark Office under Registration No. ____________, issued on _____, a copy of the certificate is attached hereto. _______________ (Complainant) has extensively used and advertised its trademark/service mark in connection with its goods and services and as a result of _______________ (Complainant's) -2- widespread use of its service mark, _______________ (Complainant) has developed considerable goodwill in its mark and it has become well known to the trade and relevant public. Accordingly, the mark (name of mark) is one of our client's most valuable assets and must be protected against infringements and other misuses.Under the United States federal law, it is unlawful to register a domain name which infringes a trademark owner's rights, merely to gain profit by selling the domain name. In addition, the mark (complainant's mark) being used as a domain name is likely to cause the public to believe, contrary to fact, that your company and its web site is sponsored or approved in some way by (complainant). (domain name registrant's) use of the mark (complainant's mark) constitutes false advertising because it misrepresents the nature, characteristics, qualities and origin of your company's commercial activities. (Domain name registrant's) use of the mark (complainant's mark) on its web site also dilutes the distinctiveness of the mark (complainant's mark). This likelihood of confusion, false advertising and dilution subjects your company to injunctive and monetary remedies for trademark infringement, unfair competition and trademark dilution under the Federal Trademark Act, 15 U.S.C. § 1051 et seq. On behalf of (complainant), we request that (domain name registrant) provide written assurances within ___ days following receipt of this letter that it will: (1) immediately transfer the domain name "www.(challenged -3- domain name).com" to (complainant); (2) immediately remove the word "(complainant's mark)" from its Internet web site; and (3) permanently refrain from all use of the mark (complainant's mark) on its web site as well as on any advertising and promotional materials. If the requested written assurances are not received within ___ days, we have no choice but to take appropriate action to prevent your company's continued use of the mark (complainant's mark) as a domain name and on its web site.We look forward to receiving your timely response. Sincerely, Enclosures