05-01-2016, 10:07 AM
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.
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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
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I would appreciate your usual helpful comments and guide in this regards.
Thank you.
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.