Infringement of ChaCha Trademarks 说我侵权 可以黑他多少刀
Dear Sir or Madam: ChaCha Search, Inc. ("ChaCha") is the exclusive owner of the trademarks associated with the CHACHA® search engine, which is accessible to the public through the Internet at WWW.CHACHA.COM.Specifically, ChaCha Search, Inc. is the registered owner of CHACHA® word mark and the CHACHA® logo, as well as other trademarks (collectively, the "Marks"). It has come to ChaCha's attention that you are the registrant of 域名 name chacha.net.ru, and that you have been utilizing the Marks without ChaCha's authorization in connection with the website found at chacha.net.ru.
Your use of the Marks in connection with this domain name and website has resulted in, or is likely to result in, confusion among the public and consumers who think you are in some way affiliated with ChaCha in violation of its rights.
Consequently, by registering 域名 name and operating the website, you are infringing ChaCha's trademark rights.
Such infringement entitles ChaCha to injunctive relief, to recover any profits you earned in connection with your use of the Marks, any damages sustained by ChaCha as a result of the infringement, and the cost of any action.
In addition, by registering 域名 name, you may also be in violation of anti-cybersquatting laws.
Such laws provide for civil liability against a party who has a bad faith intent to profit from and registers, traffics in, or uses a domain name that is identical or confusingly similar to the plaintiff's distinctive mark.
Anti-cybersquatting laws also provide for injunctive relief against the defendant and an award of defendant's profits, plaintiff's damages, and the costs of the action.
In the alternative, the plaintiff may elect an award of statutory damages which, depending on the facts of the situation, range from $1,000 to $100,000 per domain name.
Consumers encountering your website are likely to be deceived into believing that your website is affiliated, connected or associated with ChaCha.
Therefore, your website is confusingly similar to the Marks.
Accordingly, we request that you immediately cease and desist from any use of your domain name and from any other confusingly similar use of the Marks or any variations thereof.
In addition, we request that you immediately transfer your domain name to ChaCha. It is our hope that we can amicably resolve this matter.
Our goal is to inform businesses, such as yours, that their use of ChaCha's trademarks is improper and to ensure that they discontinue any further infringing use.
Therefore, we request that within fifteen (15) days of the date of this letter, you provide me with an executed copy of the attached Settlement Agreement, whereby you agree to (a) immediately discontinue any further use of the Marks, (b) not use any of ChaCha's trademarks (or any mark that may be confusingly similar to any of ChaCha's trademarks) in the future, and (c) transfer the “chacha.net.ru” to ChaCha.
If you agree to meet all of these demands, ChaCha will forego further action against you based on this matter.
You will appreciate that ChaCha's trademarks are very important to its business operations.
Therefore, these trademarks must be vigorously protected.
If you fail to respond as set forth above, we will assume that you refuse to cease your infringing activity and we will proceed accordingly.
Very Truly Yours,
Margaret J. Baumgartner
Patent Attorney, Intellectual Property Associate
ChaCha Search, Inc.SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement") is executed as of __________________, 201__ by and between the below identified domain name registrant ("Registrant") and ChaCha Search, Inc., a Delaware Corporation with its principal place of business at 14550 Clay Terrace Blvd. Suite 130, Carmel, Indiana 46032. ("ChaCha").Registrant:
Telephone:
(____) ____ - ______Address:
______________________________
Facsimile:
(____) ____ - ______
______________________________
______________________________RECITALS WHEREAS, ChaCha owns and operates a business under the trademark CHACHA, which includes a website at WWW.CHACHA.COM where ChaCha provides search engine services; WHEREAS, Registrant owns and operates 域名 name chacha.net.ru (the "Domain Name); WHEREAS, ChaCha believes that Registrant's use of 域名 Name is likely to cause the public to believe there is some association between ChaCha and Registrant; andWHEREAS, the parties wish to amicably resolve the situation pursuant to the terms and conditions set forth below.AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows:
日他万刀……………… 见好就收~~ 鸟文太多了 鸟文太多了 你續了.net.ru啊? 看不懂 表示有牙力 发了啊。。。。
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