The letter received from IDG, Inc.
Dear Ms. Bradley,
International Data Group, Inc. (IDG) is the owner of the trademark "INFOWORLD". For the reasons discussed below, your registration with the Network Solutions Registrar and your use of the domain name "EINFOWORLD.COM" infringe IDG's rights under US laws. IDG demands that your use of this infringing domain name cease immediately and that you immediately transfer registration of the domain name to IDG.
IDG's earliest U.S. trademark application for INFOWORLD was filed with the United States Patent and Trademark Office ("USPTO") on March 2, 1982 (Serial No.73/254720). We first published INFOWORLD, a microcomputing trade newspaper containing information relating to computers, computing and information technology in February 1980. Further we have a U.S. registered trademark for INFOWORLD dated July 4, 1995, Registration No. 1902674 directly relating to book topics concerning computers, computing and computing software. In total we have registered thirty-eight "INFOWORLD" trademarks worldwide.
IDG's trademark rights preclude any other person or entity from using any identical or confusingly similar trademark. Further, federal law grants IDG legal protection against any use of the Mark that diminishes or erodes its distinctiveness. These exclusive rights extend to the use of the Mark in any media, including the Internet and in particular, the use of any domain name that includes or incorporates or is confusingly similar to the Mark.
It has recently come to our attention that you have registered the domain name EINFOWORLD.COM. The domain name is substantially identical to the Mark. IDG adopted its Mark long prior to your registration of EINFOWORLD.COM on March 25, 1999. Your registration and use of this domain name are likely to cause confusion as to the sponsorship and source of any World Wide Web site associated with that domain name. Such confusion will cause irreparable harm to IDG?s good will and reputation.
Under these circumstances, your Network Solutions registration and use of the EINFOWORLD.COM domain name infringe IDG's trademark rights, including those afforded by the Federal Trademark Act and by Massachusetts G.L. c. 110B et seq., dilute the distinctive quality and value of the IDG's Marks in violation of the Federal Trademark Dilution Act of 1995, 15 U.S.C. §1125(c) and of Massachusetts G.L.c. 110B, §12, constitute a false designation of origin in violation of §§32 and 43a of the Lanham Act, 15 U.S.C. §§1114-1125(a), and amount to unfair competition under the Federal Trademark Act. In addition, your registration and use of this domain name are willful unfair and deceptive trade practices under Massachusetts GL.c. 93A.
IDG therefore demands that you immediately cease and desist from further use of EINFOWORLD.COM or any confusingly similar domain name in connection with the World Wide Web or any other use. Now that you are on explicit notice of IDG's rights, any continued use of EINFOWORLD.COM will constitute intentional infringement. IDG further demands that you immediately transfer and convey to IDG the Network Solutions registration of the EINFOWORLD.COM domain name.
We request your written response to this letter no later than ten (10) days from the date of this letter. If we do not receive prompt and satisfactory assurances that you will comply with our demands, immediately cease and desist from all further use of the EINFOWORLD.COM domain name, and take all necessary actions to transfer the domain name registration to IDG, we may be forced to take appropriate action to protect its interest INFOWORLD including seeking orders from the relevant US courts. IDG may also seek monetary damages resulting from any losses IDG may suffer from your actions, including, under the Federal Trademark Act and the laws of the Commonwealth of Massachusetts, up to treble IDG's actual damages, disgorgement of any profits you have made, and reimbursement of IDG's cost and attorneys' fees.
This action against you can be avoided only by your prompt response to this letter.
Very truly yours,
IDG Legal Department
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