Dear xxxx xxxxxxx:
We write on behalf of Bodog IP Holdings, Ltd. ("Bodog IP"). Certain
intellectual property assets related to Bodog properties, leading providers
of entertainment services and goods under a variety of "Bodog" brands, are
held by Bodog IP. Bodog IP holds the BODOG trademark which is registered in
the United States (Reg. No. 2930682) and the European Union (Reg. No.
004491387). The BODOG Mark is well-known and famous; it is used to provide
online wagering and gaming services, gaming educational services, as well
entertainment properties in various other fields. The BODOG Mark is used in
connection with the www.bodoglife.com and www.bodoglife.net Internet domain
names (among others), which are also well known.
It has come to our attention that you are currently operating a web site at
bodogstrife.com, a domain name that infringes the BODOG Mark (the
"Infringing Domain Name"). You are using the Infringing Domain Name
to obtain Internet traffic intended for Bodog, by causing Internet users to
mistakenly believe that your web site is associated with, sponsored or
endorsed by, or otherwise related to Bodog.
Bodog IP did not authorize your use of the BODOG Mark in the Domain Name.
Bodog is neither affiliated, connected, nor associated with you, and neither
sponsors nor endorses your business. Thus, your unauthorized use of Bodog
IP's intellectual property may constitute, among other things, trademark
infringement, trademark dilution, false designation of origin and
cybersquatting - in violation of various international and U.S. laws,
including 15 U.S.C. 1125(a), 1125(c) and 1125(d).
Bodog IP would prefer to resolve this matter amicably, if such a resolution
can be reached promptly. To avoid the necessity of Bodog IP taking legal
action to protect its intellectual property, Bodog IP demands immediate
written confirmation that you will comply with the following terms:
1. IMMEDIATELY AMD PERMANENTLY CEASE USING THE bodogstrife.com DOMAIN NAME
AND ANY OTHER DOMAIN NAME INCORPORATING BODOG'S TRADEMARKS OR ANY VARIANT
THEREOF;
2. IMMEDIATELY TAKE ALL NECESSARY STEPS TO TRANSFER TO BODOG IP (OR ITS
DESIGNEE) THE REGISTRATION OF THE bodogstrife.com DOMAIN NAME AND ANY OTHER
DOMAIN NAMES WITHIN YOUR CONTROL THAT INCORPORATE THE BODOG MARK OR ANY
VARIANT THEREOF, INCLUDING (A) UNLOCKING THE DOMAIN NAME (B) PROVIDING US
WITH THE AUTHORIZATION CODE FOR THE DOMAIN NAME; AND (C) SUBSEQUENTLY
EXECUTING ANY CORRESPONDENCE OR OTHER DOCUMENTS TO EFFECTUATE THE TRANSFER;
AND
3. AGREE NOT TO USE ANY NAME, MARK, OR DOMAIN NAME WHICH INCORPORATES THE
BODOG MARK OR ANY VARIANT THEREOF, OR INFRINGES ANY OTHER TRADEMARK OR OTHER
INTELLECTUAL PROPERTY OWNED BY BODOG IP.
You must provide us with written assurance that you will fully comply with
Bodog IP's demands within forty-eight (48) hours of the date of this email.
Should you fail to comply, Bodog IP stands ready to pursue its available
legal options.
The demands made herein are not made to the exclusion of other rights or
remedies to which Bodog IP is entitled, and nothing in this letter, nor any
act or omission by Bodog IP, shall be construed as a waiver of any right or
remedy possessed by Bodog IP or its affiliated entities, all of which are
expressly reserved.
Your prompt attention to this matter is appreciated.
Best Regards,
James Narraway
c/o Bodog IP Holdings, Ltd.
Can they legally do this even if im not intending to host a site there? Im just using it to use the domain name to send emails to bodog over a 10k amount.
