Domain Name Cease and Desist Letter

Summary

This template is a domain name cease and desist letter from a trademark owner to a party using the trademark in its domain name requesting that the party cease and desist from using the mark. This template includes practical guidance and drafting notes. A cease and desist letter has the potential to quickly and relatively inexpensively resolve a dispute. It also can demonstrate the good faith efforts of the trademark owner. There are, however, potential downsides to sending a cease and desist letter. For instance, upon receipt of a cease and desist letter, a domain name registrant could immediately transfer the domain name to a different entity (a tactic known as cyberflight) or otherwise make it more difficult to locate the registrant. This can lead to jurisdiction issues that may have otherwise not existed if a lawsuit was initially filed. Another consideration is the possibility that the domain name registrant may assert a legitimate free-speech defense or legitimate business reason as to why its registration of the domain name was in good faith. For guidance on cease and desist letters in the domain name context, see Domain Name Disputes – Cease and Desist Letters. For more extensive guidance on trademark cease and desist letters generally, see Cease and Desist Letters in Trademark Disputes: Drafting the Letter.