Alıntı
Torino, March 9, 2015
RE: Infringement of the Intellectual Property Rights of Ferrero S.p.A.
(Our Ref.: D0018570 Ferrero SpA v. *** - nutella***.com, nutella***.com)
Dear Mr. ****,
1. We convey this cease and desist demand letter in the name of, and on behalf of, FERRERO S.P.A., headqartered at Piazzale P. Ferrero, 1, 12051 ALBA (CN), Italy.
2. Our client FERRERO S.P.A. is the owner of the trademark NUTELLA, with registrations in Italy and in many other countries in the world. For your convenience we cite, inter alia, the following Trademark registrations for NUTELLA (word mark): Italian Trademark Nos. 753600, filed on July 23, 1996, in classes 14, 16, 18 and 25; 794464, filed on September 2, 1997, in classes 28; 795015, filed on October 31, 1997, in classes 35, 38 and 41; 1056538, filed on June 23, 2003, in classes 3, 5, 8, 9, 11, 12, 15, 20, 21, 24, 26, 28, 29, 31, 32, 33, 35, 38, 39 and 43; and 1057132, filed on September 22, 2003, in class 30; International Trademark No. 281788, registered on March 31, 1964, in classes 29 and 30; Community Trademark No. 9316878, filed on August 16, 2010, in classes 29, 30, 32 and 43. Furthermore, our client is also the owner of trademark registrations for NUTELLA in Turkey and, in light of the long and extensive use by our client, the trademark NUTELLA is certainly well-known worldwide.
3. Our client has recently become aware that you registered the domain names <nutella***.com> and <nutella***.com> without any prima facie rights or legitimate interests on said distinctive sign.
4. Your registration and use of domain names confusingly similar to the trademark NUTELLA constitutes a clear infringement of our clients rights, due to the risk of confusion, mistake, and deception
STUDIO BARBERO
DOMAIN NAMES AND INTERNET CONSULTING
caused by the subject domain names. Please also be advised that Courts in the majority of jurisdictions, including yours, as well as Arbitration Panels, consistently maintain that registering a third partys trademark as a domain name (widely referred to as domain name grabbing or abusive registration of a domain name) is a violation of an entitys intellectual property rights.
5. Moreover, you are pointing your domain names to web pages featuring several sponsored links leading users to third party commercial web sites. You are, therefore, intentionally attempting to attract, for commercial gain, Internet users to your web sites, by creating a likelihood of confusion with our clients trademarks as to the source, sponsorship, affiliation, or endorsement of your web sites and of the web sites linked thereto.
6. In light of the foregoing, we hereby demand that you immediately:
a) cease any and all use of the above-referenced domain names;
b) confirm, in writing to our attention, your availability to immediately transfer the above-referenced domain names, free of any charge, to our client;
c) undertake not to register and/or to use in the future the designation NUTELLA as a trademark, domain name, trade name or, more generally, as a distinctive sign.
7. We are confident that you will timely comply with the demands of FERRERO S.P.A. set forth herein. However, your failure to satisfy each of the conditions set forth supra in Paragraph 6, and/or without your express acknowledgment of the merits of our clients assertions, within, and not later than
7 days
from receipt of this letter, will force our client to seek vindication of its Intellectual Property Rights without any further notice to you by any means and in any venue deemed appropriate, also with the assistance of our associated law firm in your jurisdiction. We note that this letter is written without prejudice to, or waiver of, FERRERO S.P.A. rights and remedies worldwide, all of which are hereby expressly reserved.
Sincerely,
STUDIO BARBERO
Dr. Luca Barbero
RE: Infringement of the Intellectual Property Rights of Ferrero S.p.A.
(Our Ref.: D0018570 Ferrero SpA v. *** - nutella***.com, nutella***.com)
Dear Mr. ****,
1. We convey this cease and desist demand letter in the name of, and on behalf of, FERRERO S.P.A., headqartered at Piazzale P. Ferrero, 1, 12051 ALBA (CN), Italy.
2. Our client FERRERO S.P.A. is the owner of the trademark NUTELLA, with registrations in Italy and in many other countries in the world. For your convenience we cite, inter alia, the following Trademark registrations for NUTELLA (word mark): Italian Trademark Nos. 753600, filed on July 23, 1996, in classes 14, 16, 18 and 25; 794464, filed on September 2, 1997, in classes 28; 795015, filed on October 31, 1997, in classes 35, 38 and 41; 1056538, filed on June 23, 2003, in classes 3, 5, 8, 9, 11, 12, 15, 20, 21, 24, 26, 28, 29, 31, 32, 33, 35, 38, 39 and 43; and 1057132, filed on September 22, 2003, in class 30; International Trademark No. 281788, registered on March 31, 1964, in classes 29 and 30; Community Trademark No. 9316878, filed on August 16, 2010, in classes 29, 30, 32 and 43. Furthermore, our client is also the owner of trademark registrations for NUTELLA in Turkey and, in light of the long and extensive use by our client, the trademark NUTELLA is certainly well-known worldwide.
3. Our client has recently become aware that you registered the domain names <nutella***.com> and <nutella***.com> without any prima facie rights or legitimate interests on said distinctive sign.
4. Your registration and use of domain names confusingly similar to the trademark NUTELLA constitutes a clear infringement of our clients rights, due to the risk of confusion, mistake, and deception
STUDIO BARBERO
DOMAIN NAMES AND INTERNET CONSULTING
caused by the subject domain names. Please also be advised that Courts in the majority of jurisdictions, including yours, as well as Arbitration Panels, consistently maintain that registering a third partys trademark as a domain name (widely referred to as domain name grabbing or abusive registration of a domain name) is a violation of an entitys intellectual property rights.
5. Moreover, you are pointing your domain names to web pages featuring several sponsored links leading users to third party commercial web sites. You are, therefore, intentionally attempting to attract, for commercial gain, Internet users to your web sites, by creating a likelihood of confusion with our clients trademarks as to the source, sponsorship, affiliation, or endorsement of your web sites and of the web sites linked thereto.
6. In light of the foregoing, we hereby demand that you immediately:
a) cease any and all use of the above-referenced domain names;
b) confirm, in writing to our attention, your availability to immediately transfer the above-referenced domain names, free of any charge, to our client;
c) undertake not to register and/or to use in the future the designation NUTELLA as a trademark, domain name, trade name or, more generally, as a distinctive sign.
7. We are confident that you will timely comply with the demands of FERRERO S.P.A. set forth herein. However, your failure to satisfy each of the conditions set forth supra in Paragraph 6, and/or without your express acknowledgment of the merits of our clients assertions, within, and not later than
7 days
from receipt of this letter, will force our client to seek vindication of its Intellectual Property Rights without any further notice to you by any means and in any venue deemed appropriate, also with the assistance of our associated law firm in your jurisdiction. We note that this letter is written without prejudice to, or waiver of, FERRERO S.P.A. rights and remedies worldwide, all of which are hereby expressly reserved.
Sincerely,
STUDIO BARBERO
Dr. Luca Barbero
