9595 Wilshire Blvd
BEVERLY HILLS, CA. 90212
Tel: 800-516-1134 Fax: 800-516-1143
December 20, 2017
Mr. Andrew Reberry
2635 Walnut St
Denver, CO 80205-2230
Re: Infringement and Dilution of the UNIMUNDO Trademark
Serial No: 85-003-668; Registration No: 3,889,485
Mr. Andrew Reberry:
I am the President of Unimundo Corporation (“Unimundo”) d/b/a www.unimundo.com and www.unimundotv.com. The Board of Directors has asked that I communicate with you regarding your advertising for sale of the domain name www.unimundotv.com. The name Unimundo is a Registered Trademark of Unimundo Corporation; Serial Number: 85-003-668; Registration Number: 3,889,485.
The Domain www.unimundotv.com was mistakenly released to the public by GoDaddy. However, it is clearly evident you knew the mark was owned by Unimundo and that is why you took the name without the approval of Unimundo and are now asking for a premium price for the Domain, attempting to capitalize on the goodwill of a famous mark. In fact, you are now illegally attempting to sell the name UnimundoTV.com to an unsuspecting buyer knowing the sale, transfer and/or conveyance of the domain to anyone other than returning it to Unimundo will be fraudulent and void on its face.
Cybersquatting or domain squatting is a violation of the U.S. Anti-cybersquatting Consumer Protection Act. Title 15 U.S.C. § 1125(d). Anti-Cybersquatting Piracy Act (ACPA); Lanham Act S. 43(d); 15 U.S.C. S.1125(d). Under Section 43(d) of the Lanham Act, trademark holders may bring a cause of action against anyone who, with a bad faith intent to profit from the goodwill of another's trademark, registers, traffics in, or uses a domain name that is identical to, or confusingly similar to a distinctive mark, or dilutive of a famous mark, without regard to the goods or services of the parties. Particularly, if the registrant has any trademark or other intellectual property rights in the name; if this is the legal or nickname of the registrant and/or the registrant's prior use of the domain name in connection with the good faith offering of goods and services.
Furthermore, the use of a name or symbol that is likely to cause consumer confusion with a senior user's mark or that is likely to dilute a senior user's famous mark, is a violation of federal law. The U.S. Trademark Act (the "Lanham Act") specifically provides, in pertinent part:
§Jl14(J) Any person who shall, without the consent of the registrant- (A) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; ... shall be liable in a civil action by the registrant for the remedies hereinafter provided.
§JJ25(a)(J) Any person who, on or in connection with any goods or services, or any
container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false misleading representation of fact, which-
(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, ...shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.
§JJ25(c)(J) The owner of a famous mark shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use in commerce of a mark or trade name, if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this subsection.
Please contact us to arrange to transfer UnimundoTV.com to Unimundo Corporation. We intend to pursue legal action against you and/or against anyone possessing, owning and/or buying UnimundoTV.com from you or from anyone else.
Marcus Fontain, J.D.
President and CEO
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