You may have received an email or a letter demanding that you turn over your domain name to the person who wrote the letter. You may be wondering what it is and how you can find out how to handle it. Although the letter or email may not contain the words "cease and desist letter" or "demand letter," the common term used to describe this type of letter is "cease and desist letter." The letters are also occasionally referred to as "domain name demand letters."

An example of a domain name cease and desist letter is provided below so that you will be able to recognize whether your letter is a domain name cease and desist letter. A brief explanation is also included. In order to maintain the confidentiality of the sender and the recipient, the company on whose behalf the letter is being sent is referred to as "ABC Company" and the domain name owner is referred to as "Domain Name Registrant."

[Printed on Stationery Letterhead of Law Firm]

Dear Registrant:

Our law firm represents ABC Company and its direct and indirect subsidiaries. ABC Company offers a wide range of products and services, including ______, ______ and _____ all under the ABC name and mark. ABC is the U.S. trademark registration of the term ABC. ABC Company has been using the ABC name and mark since at least as early as _________. You are presumed to have knowledge of ABC Company's registered marks and reputation because your domain name incorporates the ABC mark in its entirety and is virtually identical to ABC's web site address, www. ABC.com. See PNC Fin. Servo Group Inc. V. Unasi Inc., FA058000535925 (NAF Sept. 20, 2005).

It has recently come to the attention of ABC Company that you are the registrant of the domain name ABC.net. When this domain name is entered into an Internet browser, the user is redirected to a web page that contains a variety of links, the majority of which relate to the goods and services that ABC Company provides. Such uses are a violation of state and federal trademark and unfair competition laws,including, without limitation, the Anticybersquatting Consumer Protection Act, 15 U.S.C. §1125( d). Moreover, such uses and registration are in violation of federal and state trademark and unfair competition laws, and Public Domain Registry's "Domain Registrant Agreement." widespread recognition of ABC Company and ABC marks across the United States. These marks are an invaluable asset of ABC, and cannot and will not permit them to be weakened or destroyed as an identifier of its products.

On behalf of ABC Company, we hereby demand that you immediately cease and desist all uses of the domain name, transfer the registration to ABC Company, and cease and desist all uses of ABC (and any term confusingly similar to ABC). In addition, ABC demands that you certify that you controls no other registrations that include the term ABC (or any term confusingly similar to ABC).

ABC looks forward to your cooperation in resolving this matter quickly. Please contact the undersigned no later than noon Eastern Time, on [date] to provide notice that you agree to comply immediately with the demands set forth in this letter. Please note that if we cannot promptly resolve this matter on an amicable basis, we will advise ABC Company to take all required actions against you that it deems necessary to protect ABC's rights. You can find additional information about the risks of domain name infringement at the website http://www.wipo.int/amc/en/domains.

We are confident that ABC Company would prevail against you in any legal action. This letter is without any waiver of or prejudice to ABC Company s rights, claims, remedies, or demands, all of which are hereby expressly reserved.

Sincerely, Signature of Attorney

The foregoing is an example of a domain name cease and desist letter that was sent by a large law firm in an attempt to obtain the domain of the registrant. If you have received a letter similar to this type letter, you now know that you have received a domain name cease and desist letter.

The allegation made in these types of domain name cease and desist letters may be a bluff or it may actually have some legal basis. Because there may be a substantial risk if you do not give up the domain, it is advisable that you consult with an attorney for a thorough evaluation of the situation.

Domain name cease and desist letters are being sent out with increasing frequency as the Internet grows and as the number of available domains diminishes. The letters are often unfounded attempts to intimidate the registrant. Other letters do, in fact, have a legal basis and can be the precursor of a sizable legal dispute. If you have received a domain name cease and desist letter of this nature, your response (and the consequences of your response) should be carefully considered. http://DomainNameLawyers.com is a domain name law firm that has had extensive experience with domain name cease and desist letters is DomainNameLawyers.com

Stand-up comedian Keith Malley from Brooklyn, New York was ordered to turn over "TheSimpsonsMovie.com to Twentieth Century Fox Film Corporation on July 22, 2007 by an arbitrator from the World Intellectual Property Organization (WIPO).

Using the Uniform Dispute Resolution Policy (UDRP) instituted by ICANN, the WIPO arbitrator found that Malley had no legitimate right to the domain name. Malley originally used the domain name for "off-color" and "sexually explicit" comedy depictions of Simpson TV characters.

When Fox contacted Malley about the domain, Malley offered to sell it to Fox for $50,000. At that point Fox inlisted the WIPO, alleging Malley's domain name registration was confusingly similiar to Fox's numerous US and global trademarks involving "The Simpsons" television show.

UDRP lists three elements of proof for claims that a domain name has been abusively registered:

The specified domain is identical or confusingly similar to a trademark held by complainant; the owner of the disputed domain name has no rights or legitimate interests in the domain name; and the domain name registration is in bad faith.

The WIPO arbitrator found a bad faith registration, stating that Malley was well aware of Fox's trademarks, the registered domain name was confusingly similar to Fox's trademarks and Malley had no rights to use "TheSimpsons" since he did not have permission and did not have a connection to Fox.

Co-founder of the TRAFFIC conference, Rick Schwartz shares his thoughts on cybersquatting versus cyberbullying at his blog, RicksBlog.com.

Schwartz equates domain name registrations with physical real estate, pointing out that developers own lots of undeveloped land. Land can be held empty as an investment or developed marginally into a parking lot. Ownership of physical land passes from generation to generation and is only encouraged. Those who want land dont attack those who own land, attempting to call their earlier purchases illegal; they find available land for sale and invest at the current market rate or go without.

Schwartz those who attempt to regulate what they call cybersquatting are going against the property rights of land ownership, equating domain name registration as yet another form of ownership of space and location. He points out the squatters on physical land are identified in the dictionary as those who attempt to use land they do not own. While cybersquatters on generic domain names are identified as those who register but do not develop the domain names, at least for a period of time.

Noting that those who make the loudest noise about cybersquatting are those who made different business decisions and didnt get on the domain name registration train fast enough. They lacked vision, just as many people miss real estate booms by not reacting fast enough or choosing the correct investment. Schwartz says:

"So they resort to name calling. They circulate petitions against parking domain names. They lobby trying to change the laws to take what you own. And make no mistake, they are motivated by jealousy and greed. Motivated with a deep desire to discredit anyone and everyone but always focusing on the biggest opportunity they have had and it passed them right by. They can't get over it. So they will make petitions, try and pass laws, file frivolous lawsuits and WIPO actions and call everyone a CYBERSQUATTER."

Schwartz is angry at what he terms the "cyberbully" who missed out on early opportunities and now wants to restructure the rules of the game. Cyberbullies missed the parade but they also missed the risk some domainer entrepreneurs were willing to take. Just as no one can force someone to build on undeveloped land, Schwartz makes that case that no one should be able to dictate that registration owners build web sites on their domains until they are good and ready. Neither should someone dictate what must be built on a domain, but it a shack or a mansion. Schwartz points out that he chose to use his resources to register domain names and wait on developing them until he learned from other developers' mistakes.

Tina Arena, an Australian singer, has won the domain name TinaArena.com.au in a decision handed down by an Australian Internet Tribunal. As of this writing, it appears the domain name still is not under the control of Arena since the front page claims to have no connection to her.

The alleged cybersquatters were a Melbourne-based business, Enigmatic Minds. Arena reportedly satisfied all conditions of Australian domain policy necessary to enact a transfer of the site name to her.

Other entertainers hope this decision will advance their fights to obtain domain names containing their famous names.

For additional information see the Australian Herald Sun.