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老外好像说我的域名侵权，我的域名是qchacha.com，老外的域名是chacha.com
上次已经给我发了一封邮件了，我没理，昨天又给我发了，不知道啥意思，下面是原文：
14550 Clay Terrace Blvd. Suite 130, Carmel, Indiana 46032 margaret.baumgartner@ChaCha.com
April 6, 2011
Via E-Mail to huzhuquan@163.com &
Certified Mail Return Receipt Requested
______________
______________
______________
______________
Re: Infringement of Trademarks
Dear Sir or Madam:
ChaCha Search, Inc. ("ChaCha") is the exclusive owner of the trademarks associated with the CHACHA® search engine, which is accessible to the public through the Internet at WWW.CHACHA.COM. Specifically, ChaCha Search, Inc. is the registered owner of CHACHA® word mark and the CHACHA® logo, as well as other trademarks (collectively, the "Marks").
It has come to ChaCha's attention that you are the registrant of the domain name qchacha.com, and that you have been utilizing the Marks without ChaCha's authorization in connection with the website found at qchacha.com. Your use of the Marks in connection with this domain name and website has resulted in, or is likely to result in, confusion among the public and consumers who think you are in some way affiliated with ChaCha in violation of its rights. Consequently, by registering the domain name and operating the website, you are infringing ChaCha's trademark rights. Such infringement entitles ChaCha to injunctive relief, to recover any profits you earned in connection with your use of the Marks, any damages sustained by ChaCha as a result of the infringement, and the cost of any action.
In addition, by registering the domain name, you may also be in violation of anti-cybersquatting laws. Such laws provide for civil liability against a party who has a bad faith intent to profit from and registers, traffics in, or uses a domain name that is identical or confusingly similar to the plaintiff's distinctive mark. Anti-cybersquatting laws also provide for injunctive relief against the defendant and an award of defendant's profits, plaintiff's damages, and the costs of the action. In the alternative, the plaintiff may elect an award of statutory damages which, depending on the facts of the situation, range from $1,000 to $100,000 per domain name.
Consumers encountering your website are likely to be deceived into believing that your website is affiliated, connected or associated with ChaCha. Therefore, your website is confusingly similar to the Marks. Accordingly, we request that you immediately cease and desist from any use of your domain name and from any other confusingly similar use of the Marks or any variations thereof. In addition, we request that you immediately transfer your domain name to ChaCha.
It is our hope that we can amicably resolve this matter. Our goal is to inform businesses, such as yours, that their use of ChaCha's trademarks is improper and to ensure that they discontinue any further infringing use. Therefore, we request that within fifteen (15) days of the date of this letter, you provide me with an executed copy of the attached Settlement Agreement, whereby you agree to (a) immediately discontinue any further use of the Marks, (b) not use any of ChaCha's trademarks (or any mark that may be confusingly similar to any of ChaCha's trademarks) in the future, and (c) transfer the “qchacha.com” to ChaCha. If you agree to meet all of these demands, ChaCha will forego further action against you based on this matter.
You will appreciate that ChaCha's trademarks are very important to its business operations. Therefore, these trademarks must be vigorously protected. If you fail to respond as set forth above, we will assume that you refuse to cease your infringing activity and we will proceed accordingly.
Very Truly Yours,
Margaret J. Baumgartner
Patent Attorney, Intellectual Property Associate
ChaCha Search, Inc.
SETTLEMENT AGREEMENT
This Settlement Agreement (the "Agreement") is executed as of __________________, 201__ by and between the below identified domain name registrant ("Registrant") and ChaCha Search, Inc., a Delaware Corporation with its principal place of business at 14550 Clay Terrace Blvd. Suite 130, Carmel, Indiana 46032. ("ChaCha").
Registrant: Telephone: (____) ____ - ______
Address: ______________________________ Facsimile: (____) ____ - ______
______________________________
______________________________
RECITALS
WHEREAS, ChaCha owns and operates a business under the trademark CHACHA, which includes a website at WWW.CHACHA.COM where ChaCha provides search engine services;
WHEREAS, Registrant owns and operates the domain name qchacha.com (the "Domain Name);
WHEREAS, ChaCha believes that Registrant's use of the Domain Name is likely to cause the public to believe there is some association between ChaCha and Registrant; and
WHEREAS, the parties wish to amicably resolve the situation pursuant to the terms and conditions set forth below.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows:
1. Registrant shall immediately cease all use of the Domain Name. Registrant further agrees to refrain from any future use of the CHACHA mark, in any medium, except as authorized by ChaCha in writing. Without limiting the foregoing, Registrant shall refrain from: (i) registering, directly or indirectly, any domain name that contains or is similar to the CHACHA mark, and (ii) operating, directly or indirectly, any website under a domain name that contains or is similar to the CHACHA mark.
2. Registrant hereby assigns and transfers to ChaCha all right, title and interest in and to the Domain Name. Further, Registrant shall take all action and execute all documents which may be necessary to give effect to this assignment, including, without limitation, completing and executing any necessary transfer documents with the appropriate domain name registrar.
3. Each party shall maintain the confidentiality of this Agreement and the terms and conditions hereof, and this Agreement shall not be made available by either party to any third party other than to either party's legal representatives or as required by law.
4. Each party acknowledges that remedies at law would be inadequate to redress the actual or threatened breach of this Agreement and that, in the event of such actual or threatened breach, the non-breaching party shall be entitled to seek preliminary and permanent injunctive relief to enforce its terms. Such injunctive relief shall be without prejudice to any other right or remedy which may accrue by reason of any breach or alleged breach of the obligations under this Agreement. Should any action or motion be instituted to enforce any provision of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees, in addition to all of the relief to which that party may be entitled by law.
5. Registrant acknowledges and agrees to each of the following: (i) Registrant has read this Agreement carefully and in its entirety; (ii) Registrant understands and accepts the terms, conditions, and covenants contained in this Agreement; (iii) ChaCha has provided Registrant ample time and opportunity for Registrant to consult with independent legal counsel and other advisors of Registrant's own choosing concerning this Agreement prior to its execution; and (iv) any statements, oral or written, by ChaCha or its agents preceding the execution of this Agreement were for informational purposes only and do not constitute any representation or warranty of ChaCha.
6. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Indiana excluding its choice of law provisions, and all proceedings relating to the subject matter hereof shall be maintained exclusively in the state and federal courts of Marion County or Hamilton County, Indiana, and the parties hereby consent to personal jurisdiction and venue therein and hereby waive any right to object to jurisdiction or venue. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, assigns, transferees, heirs, administrators, and executors. This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and shall be deemed to supersede all prior agreements, whether written or oral, and the terms and provisions of any such prior agreement shall be deemed to have been merged into this Agreement. This Agreement may only be modified or altered by written instrument duly executed by the parties. No alteration or amendment of this Agreement shall be binding on a party unless reduced to writing and signed by the party or parties against whom such alteration or amendment is asserted. The failure of either party to insist in any one or more instances upon performance of any of the provisions of this Agreement or to pursue its rights under this Agreement shall not be construed as a waiver of any such provisions or the relinquishment of any such rights. In the event that any provision, or any part of any such provision, should be deemed to exceed limitations permitted by applicable law, then the trier of fact shall modify such provision or part thereof to the maximum scope, time and/or geographic limitations permitted by applicable law. The parties stipulate and agree that each and every paragraph, sentence, term, and provision of this Agreement shall be considered independent, reasonable, and severable. If a court of competent jurisdiction makes a final determination that any provision is unreasonable, invalid, or unenforceable, the remaining provisions shall be unimpaired, and the unreasonable, invalid, or unenforceable provision shall be deemed replaced by a provision that is valid, reasonable, and enforceable and that most closely approximates the intention of the parties with respect to the unreasonable, invalid, or unenforceable provision, as evidenced by the remaining valid enforceable terms and conditions of this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be a duplicate original, and all of which together shall constitute a single instrument. For the purposes of this Agreement, faxed signatures shall have the same legal effect as original signatures.
IN WITNESS WHEREOF and intending to be legally bound, the parties hereto have caused this Agreement to be executed by their duly authorized representatives.
CHACHA SEARCH, INC. REGISTRANT
By: By:
Printed: Printed:
Title: Title: |
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