First letter complaining your domain name’s been infringed

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What’s a first letter complaining your domain name’s been infringed and when do you need one

This is the first communication in our suite of templates covering the infringement of your domain name by someone else.

If the infringement relates to content on another website and not the domain name of that website, you’ll need our separate suite of templates, starting with our first complaint that your website has been infringed.

Your domain name is a trade mark.

Whether you have officially registered it as a trademark or not (it’s not expensive to do, so you really should!), you are entitled to protect it and to object to other people free-riding on the creativity, reputation, investment of effort and money, etc., that you have put into it making it part of your brand identity.

It’s harder, but not impossible, to defend against infringers if you haven’t registered your domain name as a trade mark. If you haven't registered trademarks that are relevant to the infringing domain name and website, it’s worth taking some expert advice on how to present the most robust persuasive case.

Someone may infringe your domain name in several ways, for example, they might:

  • register your domain with a different suffix, e.g. use the same word mark and put .co on theirs rather than .com; so someone registering Farillio.co would be an infringement of Farillio’s registered trade mark (FARILLIO) and any unregistered trade mark it has in that same word mark.

  • register an almost identical domain name, e.g. Farullio or Faryllio, which either look or sound pretty much same.

Passing off is another IP infringement

You’ll see this template letter also refers to another relevant intellectual property right: passing off.

Passing off is a legal right to protect yourself against someone holding themselves out as your/your business – or creating (whether deliberately or inadvertently), a situation where such confusion is caused in people’s minds, that they assume the infringer is, in fact, your business, part of it, or affiliated in some way with your business.