Dear XXXXXXXX,
I am president of xxx, Inc., the exclusive licensee of the federally registered trademark PROXIFY (the "Mark"). xxxx has used the Mark since April 2003 in connection with its proxy services at "xxx.com" and many other websites.
We are extremely concerned about and object to your unauthorized use of PROXIFY in connection with the domain name "xxxxme.org" (the "Domain Name") and its corresponding website. Inasmuch as the Domain Name incorporates the Mark in its entirety, it is confusingly similar to the Mark. In addition, the services provided on or through your website are similar to the services we provide in connection with the Mark thereby increasing the likelihood of confusion between your website and the Mark. Accordingly, any display or use that you make of the Mark, including variations of the Mark, in connection with your website infringes UpsideOut's rights in the Mark and constitutes, among other things, trademark infringement, passing off and dilution in violation of the Lanham Act and other applicable federal, state and common law. These practices also place you in violation of your agreements with Vectro, Twitter, and Facebook, which thereby would result in still further liability imposed on you.
We hereby demand that you immediately cease and desist any and all use of the Mark in connection with your website and take the following actions:
(1) Transfer the "xxxme.org" domain name to UpsideOut.
(2) Deactivate the "xxx" Twitter.com account.
(3) Delete the "xxxx" Facebook page.
We look forward to your written confirmation by no later than June 8, 2011 that you will resolve this matter as requested. Your prompt attention and response to this matter will prevent the need for further action. We do not withdraw or waive any of the damages, rights or remedies which may be available by reason of your conduct to date, and all such rights and remedies are expressly reserved.
Sincerely,
xxxxxx
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