2550 North Loop W Suite 4006 Houston, Texas cpanel.net
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1 March 28, 2016 Via Asturian Capital SA Attn: Escart Laurent Route du Lac Lussy 201 CH Chatel Saint Denis Switzerland Subject: Trademark Infringement at Mr. Laurent: I am General Counsel of cpanel, Inc. (cpanel). cpanel is the owner of the trademark cpanel for, among other things, control panel software. The mark cpanel was registered in Switzerland by the International Bureau of the World Intellectual Property Organization (WIPO) on September 13, 2013 and given registration number (Trademark). The Trademark is also registered, or registration is pending, in over 31 countries worldwide. cpanel has continuously used the Trademark in connection with control panel management since cpanel is well known and established throughout the world, and has created substantial goodwill in the Trademark. cpanel s websites have incorporated the mark into their domain names. It recently came to our attention that you deployed a domain utilizing the Trademark at (Website). A screenshot of the infringing URL is included below as Exhibit A. Exhibit B is a screenshot of the corresponding protected Trademark. Exhibit C includes a copy of cpanel s Statement of Grant of Protection for the trademark in Switzerland. The Trademark confers upon cpanel the exclusive right to use the Trademark and any similar marks in Switzerland in connection with goods such as control panel software and to take action against any third party who uses such marks without our consent. The mark HPANEL is highly similar to the Trademark. As you are offering a control panel software which is similar to the one we offer, your unauthorized use of the Trademark results in a likelihood of confusion between our products and yours, which we will not tolerate. It appears that your underlying goal is to profit off of the Trademark. It is clear that your use of the Trademark is intended to, and actually does, confuse and misdirect customers seeking cpanel s website to the Website. This activity is actionable Swiss law. Your activities, in
2 addition to constituting trademark infringement, are also unlawful under Swiss law and constitute unfair competition. cpanel is vigilant in policing third party uses that could lead to consumer confusion as to the source or affiliation of particular products and services, or that could otherwise impair the function of the Trademark. We have not authorized this use of our Trademark. We request that you cease and desist from any use of Trademark, or similar marks, that are not authorized by us. You should cease doing so no later than April 7, Further, as a declaration to cease and desist from any such use, and as a declaration to take any steps necessary in order to have the domain hpanel.ch transferred to us, we request that you release control of this domain, and the cease using the trademark, by returning a signed copy of this letter. We prefer to reach an amicable solution. However, all of our rights (including, but not limited to damages) are fully reserved and we will take all steps necessary to protect the Trademark and our legitimate commercial interests. Should you have any questions or wish to discuss this matter, please feel free to contact me. Very truly yours, W. David Snead I agree to transfer the mark hpanel.ch to cpanel, Inc., and to cease and desist from using the words hpanel or any words similar to the Trademark, anywhere in the world, to identify my products. Printed name Signature Title Date of signature
3 Exhibit A
4 Exhibit B 2550 North Loop W Suite 4006 Houston, Texas cpanel.net d.snead@cpanel.net
5 Exhibit C
6 WIPO - ROMARIN - International Registration Details Date of the registration Expected expiration date of the registration/renewal Language of the application English Current Status 732 Name and address of the holder of the registration CPANEL, INC W Alabama St Ste 100 Houston TX United States of America 812 Contracting State or Contracting Organization in the territory of which the holder has a real and effective industrial or commercial establishment US (United States of America) 842 Legal nature of the holder (legal entity) and State, and, where applicable, territory within that State where the legal entity is organized Corporation, Texas, United States 740 Name and address of the representative Charles Knobloch Arnold & Knobloch, LLP 4900 Woodway, Suite 900 Houston TX United States of America 540 Mark CPANEL 541 Reproduction of the mark where the mark is represented in standard characters 511 International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) - NCL(10) 09 Computer software for facilitating the management and configuration of Internet web servers. 821 Basic application US (United States of America), , Basic registration US (United States of America), , Designation(s) under the Madrid Protocol AU (Australia), BX (Benelux), CH (Switzerland), DE (Germany), ES (Spain), FR (France), GB (United Kingdom), IE (Ireland), IT (Italy), JP (Japan), NO (Norway), PL (Poland), PT (Portugal), RO (Romania), RU (Russian Federation), SG (Singapore), TR (Turkey), VN (Viet Nam) 527 Indications regarding use requirements GB (United Kingdom), IE (Ireland), SG (Singapore) Registration 2012/30 Gaz, Designation(s) under the Madrid Protocol AU (Australia), BX (Benelux), CH (Switzerland), DE (Germany), ES (Spain), FR (France), GB (United Kingdom), IE (Ireland), IT (Italy), JP (Japan), NO (Norway), PL (Poland), PT (Portugal), RO (Romania), RU (Russian Federation), SG (Singapore), TR (Turkey), VN (Viet Nam) 527 Indications regarding use requirements GB (United Kingdom), IE (Ireland), SG (Singapore)
7 Statement of grant of protection made under Rule 18ter(1) CH (Switzerland) 2013/37 Gaz, Statement of grant of protection made under Rule 18ter(1) VN (Viet Nam) 2013/39 Gaz, Statement of grant of protection made under Rule 18ter(1) TR (Turkey) 2014/7 Gaz,
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