Anyone know where I can pick up a template of a Cease and desist form. A company has registered a domain similiar to mine, for example, lets say Im HOST.COM, they are using HOSTING.COM... their domain is too close to mine and I want them to stop.
http://www.lawforinternet.com/pages.php3?asktype=ceaseanddesist-view.html
You may have a heck of a time getting them to stop. I had a client go through a similar issue. Somebody registered a domain name with an alternate spelling and started related merchandise. Lawyers were involved before the issue was over and the client bought the domain name.
Be sure to make clear in your letter about how they are infringing on your trademark. If you have a very generic domain name, then you will be out of luck. Also, if your name is not registered you have to establish that you used it first.
Just by checking hosting company domain names there are so many that are similar to each other... an "ing" here, a "s" there. Some major hosting companies too.
I'm worried about my domain name since I just realized it's similar to another hosting company.
Gunzour
08-16-2001, 08:19 PM
You should consider talking to a lawyer and asking them to send a letter. Sure, you can copy a template from online and send it, but I guarantee that your complaint will be treated more seriously if that same template arrives printed on a law firm's letterhead.
Then again, as others have said, you might want to consider whether they are actually doing you any harm by having a similar name. There are lots of web hosting places out there and lots of similar names. Unless you believe they intentionally registered something close to your name to steal business directly from you by causing confusion, I don't think I would bother.
Doug
You might want to check with an attorney prior to doing this, as you may be opening up a can of worms that you did not want to open up.
When I first began registering domain names, I asked an attorney what the laws are for this type of thing. Unless you can prove that they are purposely trying to take business from you, you really do not have much of a chance. They would have to have a similar site design, similar prices, etc. Something that would "confuse" a potential client.
A perfect example is hostrocket.com and rockethost.com. I am a moderator on another forum and you would not believe how many times that people confuse one for the other. Someone recommends hostrocket, they go to rockethost, then wonder why the plans are different. Both of these companies protected themselves and registered other versions of their names to protect themselves.
Another real example is cwihost.com and *****.com. Back when I did not know any better, I actually signed up with cwihost THINKING I was signing up with *****.
This is something that should be considered when starting a business. You need to consider this BEFORE the fact, instead of complaining about it AFTER the fact. Not trying to be harsh...just being truthful. :)