My company received this email and I was wondering if a IP solicitor could help out and give me any information to wether or not the case can be won.
anuary 3, 2013
VIA EMAIL AND FIRST CLASS MAIL
c/o Domains by Proxy
14747 N Northsight Blvd Suite 111, PMB 309
Scottsdale, AZ 85260
RE: MCProHosting (Reg. No.(NNN) NNN-NNNN; (International Reg. No.(NNN) NNN-NNNN
Dear Sir or Madam:
I represent Mr. James Boehm and MCPROHOSTING LLC of Suwanne, Georgia and Tallahassee, Florida, respectively. Mr. Boehm is a founder and principal of MCPROHOSTING LLC, and the trademark owner and international registrant of MCProHosting (Reg. No.(NNN) NNN-NNNN; (International Reg. No.(NNN) NNN-NNNN. As you are aware, Mr. Boehm operates a highly successful server hosting company under the trademark MCPROHOSTING.
Our client has been using the mark MCPROHOSTING since, at least as early as, September 11, 2011. Through recent communication with confused clients, our client has become aware of your infringing use of this mark. A review of whois domain registry records indicates that the domain name MCPOWERHOST.COM was registered on September 1, 2012, well after our client's first use of the mark in interstate commerce. Subsequently, it appears that you adopted MCPOWERHOSTING as the name of your business and displayed this on your website and Facebook page. (Your company's “About Us” page states that you are located in the United Kingdom, but that you also serve customers in the United States.) There appears to be no other record indicating that you have used or acquired rights in the mark before September 1, 2012. A search of UK company records finds no registrations under “MC Power Hosting” or variations thereof. Additionally, there are no trademark registrations in the WIPO (World Intellectual Property Organization) trademark database under “MC Power Hosting” or variations thereof.
From a review of your website and descriptions of your organization on the internet, it is clear that you are also in the field of server hosting. Being that you are in the same filed as our client, the similarity between your MCPOWERHOSTING mark and our client's MCPROHOSTING mark is likely to cause confusion, mistake and deception as to the source of services, currently marketed by your company. In fact, there have been numerous recent instances of actual confusion between the two marks and associated companies. Please see the enclosures for instances of confused clients repeating inquires such as, “Are you affiliated with MCPOWERHOSTING?”
After researching and analyzing the issue, it is clear the you did not acquire rights to use MCPOWERHOSTING, or any other mark that is likely to cause confusion with our client's mark, prior to our client. It is also clear that your mark, MCPOWERHOSTING, is likely to cause confusion with our client's mark, MCPROHOSTING. Consumers may also be confused into believing that there is some affiliation, connection, sponsorship or other relationship between MCPOWERHOSTING and MCPROHOSTING. As such, we believe you are in clear violation of the Lanham Act 15 U.S.C. § 1125, The Madrid Agreement and International Trademark Law.
Accordingly, we ask that you cease and desist from any further wrongful actions, including, but not limited to, the immediate removal of the MCPOWERHOSTING mark and other marks that are confusingly similar to our client's mark, from your company's website, your company's social media sites, your company's printed and online marketing material, and your company's physical signage.
We would prefer to resolve this matter amicably. However, should you fail to respond to this request within (10) days of the date of this letter, Mr. Boehm and MCPROHOSTING LLC will pursue any and all remedies available at law or equity, including injunction, actual and statutory damages, recovery of profits, and attorney's fees. However, in the event that you comply with the foregoing, or client will happily waive all claims against you arising from the instant trademark infringement.
Please govern yourself accordingly.
Sincerely, XXXXX Esq.
(enclosure sent via separate email)