What’s a third letter complaining your domain name’s been infringed and when do you need it?
This is the third communication in our suite of templates covering the infringement of your domain name by someone else.
It assumes that you have first sent the earlier first and second complaint letters in this series. You may also have sent the notice and take-down letter to third-party hosting and or domain name facilitation providers connected with the infringing domain name.
You’ll see that the tone of this letter is more abrupt and demanding.
It provides you with several drafting options, depending on whether your recipient infringer ignored your earlier letters and has not responded, or whether they responded to say that they do not agree they have committed any infringement of your rights.
It notes where there has been no response, that the deadline for response has now passed.
The recipient is ‘put on notice’ that if it continues to do, or attempts/commences doing, one or more of a serious list of actions, it will be further infringing your IP rights and causing increased damage to your business, so increasing the claim for compensation (called damages) that you are entitled to make.
What happens next?
Typically, you’ll need to take a decision about whether to pursue the matter further and be prepared for it to involve lawyers and the legal institutions more extensively.
Whether you choose to keep going will largely depend on commercial factors – including, for example, the costs of pursuit, your real prospects of success and how important this particular domain name is to your business.
Sometimes, infringers will capitulate in the early stages and/or even be willing to give up or to sell the domain name for a reasonable price.
Most cases settle before full-scale legal action occurs. But some will end up being filed as complaints under one of the domain name dispute resolution systems, e.g. the Uniform Domain-Name Dispute Resolution Policy (UDRP) – see our [guide on how to handle an infringement of your domain name] for more background on this process.
Infringers based in foreign jurisdictions are always harder to engage with and therefore more challenging. They may also operate IP and/or complaints regimes that are not as accommodating of complainants or as well-developed as those of the UK and EU. So, you should expect complaints relating to domain name infringements further afield to be more costly, time-consuming and challenging to resolve.
In the experience of our expert partners at Stobbs, most of the time, an otherwise lawfully-operating infringer will reply to your correspondence and will engage, even if their response is to firmly dispute that they are in the wrong. Having said that, counterfeiters and pirate goods/services operators can be expected to not engage.