Письмо от Adobe по домену

From: "Adobe Brand Protection" <brandprotection@tm-adobe.com>
Subject: Notice of Infringement of Adobe Systems Incorporated Intellectual Property Rights
Message text:
To Whom It May Concern:

On behalf of Adobe Systems Incorporated (“Adobe”), we are writing to express Adobe’s concern regarding your unauthorized use of Adobe intellectual property in connection with your registration and use of the domain name domain-name-adobe-reader.ru. Adobe is the registered owner of the famous trade name and owns numerous trademarks for in the U.S. and worldwide. For more than years, Adobe has used the trademark in connection with a broad scope of computer software goods and services. Adobe has invested substantial resources in establishing and maintaining the goodwill and customer recognition associated with these trademarks. They are considered very valuable assets to Adobe.

You have registered and are using domain-name-adobe-reader.ru, a domain name that incorporates without permission Adobe’s trademark. To the best of our knowledge, Adobe has not granted you permission to use its trademark in this domain name. Furthermore, your registration and use of this domain name violates Adobe’s trademark rights, dilutes the value of the trademark, and constitutes bad faith under the Uniform Domain Name Dispute Resolution Policy (“UDRP.”) Bad faith is described in Section 4(b) of the UDRP as follows:

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation or endorsement of your web site or location or of a product or service on your web site location.

See, e.g., Adobe Systems Incorporated v. Domains by Proxy Inc., Marshall Reeves/ The MRMedia Network, WIPO Case D2007-1163 (Oct. 10, 2007); Adobe Systems Incorporated v. Bluff, Online RX Sales LLC, WIPO Case D2006-1475 (Jan. 30, 2007); Adobe Systems Incorporated v. Kausar, WIPO Case D2003-0879 (Jan. 6, 2004).

In view of your violation of Adobe’s rights, and without limiting or waiving any other Adobe rights, we demand within seven (7) calendar days you will:

(1) withdraw, and cease and desist use of the domain-name-adobe-reader.ru domain name and assign the registration of the same to Adobe. This assignment will include (a) unlocking the domain, (b) if the domain is masked, removing any proxy masking from it, c) forwarding the Authorization Code associated with the domain; and (d) affirmatively responding to any emails regarding your transfer of the domain to Adobe;
(2) cease and desist from using any name or registering any domain name that incorporates any of Adobe’s trademarks, or any marks or materials confusingly similar thereto;

(3) cease and desist use of any Adobe intellectual property not in accordance with its IP guidelines, found online at http://www.adobe.com/legal/agreement.html and/or otherwise without Adobe’s permission; and

(4) provide us with written assurances that you have complied with these demands and will continue to so comply.

This communication is for potential settlement purposes and only for representative violations identified to date. If we do not receive your expeditious response, this matter may be escalated for further action.

Sincerely,

Adobe Brand Protection
Email: brandprotection@tm-adobe.com