We serve as intellectual property counsel to Haier Group Corporation and Haier America Trading, LLC.(“Haier”), the owner of inter alia, the famous trademark and service mark HAIER. As you know, you have registered the domain name HAIERBROTHERS.com (the “Domain”), which is confusingly similar to the HAIER registered mark and to many of HAIER’s registered domain names. In connection with this site you prominently display a photograph which includes the HAIER signage. Your use of the Domain and the Mark are likely to cause confusion and tarnish my client’s marks.
The HAIER trademarks and service marks are enormously valuable assets of our client. To preserve the integrity of those marks, and to maintain legal rights to them, our client cannot permit others to use its marks in a manner likely to cause confusion or likely to reduce their distinctiveness, nor can our client allow others to use its marks in a manner that dilutes or tarnishes the marks.
By registering a domain name that is confusingly similar to the HAIER mark, you are violating the Anticybersquatting Consumer Protection Act, which makes you potentially liable for the registration or use of a domain name that is confusingly similar to or dilutive of a trademark.
Also, under federal law, your registration and use of this domain name in connection with diverting users to your personal website may constitute trademark and service mark infringement, unfair competition, false advertising, passing off or dilution. In addition, your domain name registration is subject to the Internet Corporation for Assigned Names and Numbers (“ICANN”)
Uniform domain name Dispute Resolution Policy (“UDRP”), which is incorporated by reference into your service agreement with your domain name registrar, GoDaddy. The ICANN UDRP requires you to submit to a mandatory administrative proceeding if it becomes necessary for our client to challenge your registration.
{00025510;v1}
We must ask that you immediately and permanently cease and desist using this and any other domain names that are confusingly similar to the mark HAIER, and assign the Domain to my client. Further, we ask that you immediately and permanently cease and desist using any of HAIER’s trademarks and service marks in any manner, including but not limited to, in Internet domain names or URLs, in website source code, metatags, visual or hidden web site text, or in any other manner.
We look forward to receiving your written assurances, as outlined above, on or before February 14, 2014, and we trust that this matter can be resolved amicably. In any event, this letter is without prejudice to any other claims of our client.
