Suite
401L
202.419.7000
Fax
202.419.7007
Via E-Mail:
******@yahoo.com
***** ***** ********
***** *********
********
****
**********, ***** ******
Re: http://www.nextelsucks.org/
Dear *******************:
We represent Nextel
Communications, Inc. ("NCI") in intellectual property
matters. NCI is a leader in providing wireless telecommunications products
and services throughout the world. NCI has used its famous NEXTEL mark in
connection with telecommunications services since at least as early as 1988
and owns several United States federal trademark registrations for the
mark NEXTEL, including registration number 1,637,139 in International Class 38
for telecommunication services. As a result of NCI's federal
registrations and its continuous use of the mark since 1988, NCI has exclusive
rights in and to the mark NEXTEL.
It
has come to our attention that you have registered the domain name, http://www.nextelsucks.org/.
Your unauthorized registration and use of the http://www.nextelsucks.org/
domain name infringes our client's valuable trademark rights and unfairly
trades upon NCI's fame and established good-will. The public is likely to
be confused that the goods and services offered on your web site and other
content on your website emanates from, or is sponsored by NCI. Such
confusion dilutes the strength and value of our client's mark(s).
The activity that you are engaging in violates
the Anti-Cybersquatting Consumer Protection Act, 15
U.S.C. § 1125(d); federal anti-dilution laws, 15 U.S.C. § 1125(c); and federal
unfair competition laws, 15 U.S.C. § 1125(a). We therefore request that
you immediately cease and desist from any and all usage of the http://www.nextelsucks.org/ domain
name and transfer ownership of the domain name to NCI. If you are
registered with Verisign, visit https://www.networksolutions.com/en_US/name-it/rnca-edit-reg.jhtml, otherwise, contact your applicable
Registrar. Then, transfer ownership of the domain name to "Nextel
Communications, Inc.,
If you
believe that you are a Nextel Authorized Representative ("AR"),
Associate Authorized Representative ("
We would
like to avoid litigation in this matter if possible,
however, our client has authorized us to take any and all appropriate measures
to stop your infringing use of its mark(s). Your cooperation in
completing the transfer of ownership will resolve this matter. However,
should further action become necessary, we are prepared to seek other legal
remedies to obtain ownership of the domain name, an injunction prohibiting your
further misappropriation and use of the NEXTEL mark(s) and monetary damages. Nothing in this letter shall be construed as
a waiver or relinquishment of any rights or remedies possessed by NCI, all of
which we expressly reserve. Should you have any questions, you may
contact me at 202.419.7000.
Sincerely,
FITCH,
EVEN, TABIN & FLANNERY
/Sherri N. Blount/
Sherri
N. Blount