How to Deal With An Infringement Notice.

[cmlhome]

I recently received an infringement notice from a company for a domain I registered nearly a year ago. The domain was never used in fact there are no contents on it. So my question is how have I breached according to them their Trademark.

Here is the notice from them. How do I deal with it.

**************************************************************
To whom it may concern:

Fitbit Inc. (“Fitbit”) is the leader in the connected health and fitness industry and owns many well-known trademarks, including but not limited to, “Fitbit”, “Fitbit Flex”, “Fitbit Surge”, “Fitbit One”, “Fitbit Zip”, and “Fitbit Charge” (collectively, the “Fitbit Marks”). As you are no doubt aware, the Fitbit Marks are used to identify products, services, activities and events related to Fitbit.

Your use of the Fitbit Marks in the domain name(s) fitbit.work violates Fitbit’s trademark rights, improperly suggests Fitbit’s sponsorship or endorsement of your website, and dilutes the well-regarded Fitbit brand, all in violation of federal and state trademark laws.

We demand that you immediately disable any and all content associated with the above stated domain(s) and cease and desist from using any of the Fitbit Marks on any website and provide written confirmation of such action within five days of the date of this letter. Failure to promptly comply may result in legal action. This letter is without waiver of Fitbit’s rights and remedies at law or in equity, all of which are expressly reserved.

As part of our Fitbit Trademark Enforcement Program, be assured that we will continue to monitor your web site(s) to verify your compliance with this letter. Failure to do so will force us to defer this issue to our Trademark lawyer for further actions.

Should you require additional information or wish to further discuss this issue, please do not hesitate to contact the Fitbit team.

Sincerely,

Fitbit Brand Protection
*************************************************************

I would appreciate your usual helpful comments and guide in this regards.

Thank you.

[zynet]

did they provide a real phone number and name of contact person?, you can look this up and see if this is really real. But if there is no content, maybe they're trying to find out who owns domain?

[zynet]

Did they include a name and contact info? maybe you could look up to see if this is coming from a real person. But if there is no content, maybe they're trying to find out who owns the domain.

[dynasty5]

Change it ...and move on

[bambito]

Contact EFF.

[Jim Moriarty]

i also got similar email..hehe


Dear jimms,

The Freenom Review Team has visited your website today. Unfortunately
we have to say that today we cancelled your domain BITCOINRUSH.GQ.

The reason for the cancellation is that the website address you
used for your free domain name was not accessible or did not
follow the guidelines set in our terms and conditions.

At this stage, anyone, including yourself, is able to (re)register
the cancelled domain BITCOINRUSH.GQ. However, upon registration,
an actual working website is needed to complete the registration process.

We thank you for using Freenom.

Freenom Review Team

[cmlhome]

Thank you all for your input.
My point is what have been violated. I cannot sell a domain to myself.
The domain was bought from a registrar
I bought a name which anyone could have bought.

If it is so important to them, then they should buy all the possible domains which are important to them.

I agree the hassle is not worth it, but I may just hold on to it for as long as I can.

[NapoleonHill]

I think so It is a scam email.
It tries to make us confused and make mistakes.

[emoji]

ive had two of these. One I had to change cause it was serious from a lawyer another was from Skrill. I simply replied saying how am I infringing on your rights, they just wanted logos removed. I would ask them how your infringing on there rights, if like you say there is no site on it you have nothing to worry about. If they really want it from you ask them to buy it from you.