What would you do if T-mobile told you this: T-Mobile USA, Inc. - TopicsExpress



          

What would you do if T-mobile told you this: T-Mobile USA, Inc. is one of the four largest and one of the most highly regarded telecommunications carriers in the United States. In connection with the marketing and sale of its premier products and services, T-Mobile USA owns and uses a number of trademarks and service marks, including the premier brand T-MOBILE®. Through substantial use and promotion, the T-MOBILE® mark is now a well-known mark that is afforded a broad scope of protection under U.S. trademark law. In order to protect its intellectual property assets, T-Mobile USA actively monitors unauthorized third party registrations of domain names incorporating its directly-owned and licensed trademarks and service marks. In that regard, we learned that you registered the following domain names and previously used them to direct Internet traffic to a website promoting the goods and services of Solavei. • T-MOBILE-MVNO.COM • TMOBILEMVNO.COM • T-MOBILE-OLAVEIS.COM • T-MOBILEOLAVEI.COM • T-MOBILE-PREPAID.NET We are not aware of any agreement between you and T-Mobile USA, Inc., that would support your use of the T-MOBILE® mark. While we appreciate your efforts to reconfigure the above-referenced domains such that they no longer point to live web sites promoting Solavei goods and services, we nonetheless note that, pursuant to the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d), an “offer to transfer, sell, or otherwise assign the domain name to the mark owner” is one factor evidencing the “bad faith intent to profit from [a] mark”. See 15 U.S.C. § 1125(d)(1)(B)(i)(VI). We must demand as follows: • You must immediately terminate all use of the domain names. • You must assign and transfer all of your right, title and interest in and to the domain names to T-Mobile USA. We trust that you will fully comply with these demands no later than 5:00 P.M. (PDT) on Friday, July 14, 2013. In order to complete transfer of the domain name, you must (1) unlock the domain with your domain registrar, such that the domain can be transferred away from your current registrar, and (2) provide us with the authorization code associated with the domain name. You can provide the authorization code to us via e-mail to [email protected]. We trust that you understand T-Mobile USA’s interest in protecting its intellectual property assets. T-Mobile USA has made a substantial investment in the promotion of the T-MOBILE® brand, and it would be unfair to allow that mark to be compromised. If you have any questions, please have your legal counsel contact the undersigned at [email protected]. Please note that nothing set forth in this letter may be construed as an admission of law or fact, or as a waiver of any right or remedy that T-Mobile USA and/or its parent corporation, Deutsche Telekom AG, may have, all of which are expressly reserved, including but not limited to the right to initiate litigation, arbitration or other proceeding without prior notice to you. Sincerely, T-MOBILE USA, INC.
Posted on: Sat, 29 Jun 2013 01:55:24 +0000

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