QUESTION
Should I respond to a cease and desist regarding a domain name? How?
Asked on Sep 16th, 2015 on Patents - Nebraska
More details to this question:
I received a cease and desist letter from a law firm this week. They claim that the domain name of one of my websites is too similar to theirs which is absolutely ridiculous. They are very dissimilar and my website is in an entirely different industry than them. Can I respond to their letter on my own or is this something an attorney must do?
3 ANSWERS
It is rare to find a situation where you are required to have an attorney by law. However, it sounds like you have a trademark/domain name dispute and that you are not familiar with or proficient in these matters. You would be wise to consult and/or engage an attorney for help, if there is economic value at stake. Make sure the attorney is experienced in domain name and trademark law.
Answered on Sep 16th, 2015 at 2:47 PM
Appellate Litigation Attorney serving Boston, MA
at
Banner & Witcoff, Ltd.
Update Your Profile
You can try to respond - but they will likely ignore you. Check to see if the other party owns a trademark that matches the domain name. Check it out at www.uspto.gov. If yes - they have more power to prevent "similar" domains - which may confuse the public. If no, and they continue to harass you - see an attorney.
Answered on Sep 16th, 2015 at 1:50 PM
You can respond on your own no requirement to hire an attorney. However, should the law firm decide to follow up on your refusal to change your domain name and file suit, I recommend contacting an attorney.
Answered on Sep 16th, 2015 at 12:23 PM