Originally Posted by scentimus
Dude I was just thinking about that lamp and the cease and desist order for his Herrera website form "her" attorney.
Let's step into the time machine and go back to March 5, 2003, shall we?
I have just received notice of the following regarding the domain
name I registered... carolinaherrera212.com.
Can you believe that I have been ordered to remove the site?????
This is *REALLY* upsetting to me.
They have had how many years to register the name??? Women's was
launched in 1997, men's in 1999... and it takes them this long to buy
the domain name?!?!?!?!?
So much for my hobby.
March 4, 2003
VIA ELECTRONIC MAIL & CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jeffery Primeau
Re: "CAROLINAHERRERA212.COM" Internet Domain Name
Dear Mr. Primeau:
We represent Carolina Herrera Ltd. ("Carolina Herrera"),
owner of the world-renowned CAROLINA HERRERA and 212 CAROLINA HERRERA
trademarks, among others.
It has come to our attention that you have registered and
using the Internet domain name "CAROLINAHERRERA212.COM" (the "Domain
Name"). Your registration and use of this domain name constitute
trademark infringement, trademark dilution and unfair competition
under applicable federal and state statutes and under common law.
We are familiar with the content of your website, and we
appreciate and share your admiration for our client's 212 fragrance.
While Carolina Herrera encourages fans such as yourself to express
online your fondness for the Carolina Herrera 212 fragrance, your
selection of "CAROLINAHERRERA212.COM" as the Domain Name for your
website is confusingly similar to the 212 CAROLINA HERRERA trademark.
Although you state on the website that it was not created for
commercial purposes, the Domain Name itself will have the effect of
diverting internet consumers away from official Carolina Herrera
websites and will prevent our client from using this domain name for
its own commercial benefit. Because of this effect, even if you did
not so intend, the law views your use of the Domain Name as
in nature, thus infringing on the 212 CAROLINA HERRERA and CAROLINA
Our client views this infringement with grave concern and
asked us to take action on its behalf. Accordingly, on behalf of
Carolina Herrera, we hereby demand that you immediately cease and
desist from using the Domain Name and, further, that you immediately
relinquish all registrations relating thereto.
Please respond within ten (10) business days from the
which you receive this letter by certified mail with your written
assurances that you have complied with the foregoing demands. If we
do not hear from you within this time period, we will be forced to
take appropriate action to protect our client's rights, as is our
customary procedure. We trust, however, that your timely cooperation
and your voluntary abandonment of the Domain Name will make further
escalation of this dispute unnecessary. We enclose a Domain Name
transfer form and a self-addressed, stamped envelope for your
We look forward to your prompt response and wish you good
in your website development.
Very truly yours,
Lynda M. Braun
Samantha G. Fisherman