Notice of Infringement of the term Snap & Snapchat
Interesting day today. So I've received an email from 'brandprotection [ ] snapchat-ip' com ' with the following email:
Anyone received similar emails? And what action did you take? If I take the word snap/snapchat out of my tittles, does that suffice? Or can I not use the word snap/snapchat ANYWHERE on the site at all?
Dear Registrant of xxx.com:
We represent Snap Inc. (“Snap”) in intellectual property matters. Our client’s SNAPCHAT® branded mobile app is among the top photo and video sharing applications in the world, with more than 178 million daily users and more than 10 billion views per day. Snap has extensively promoted and used the SNAPCHAT® mark since at least as early as September 2011 and owns numerous trademark registrations and applications for the SNAPCHAT® mark in many countries throughout the world, including U.S. Reg. Nos. 4,375,712, 4,933,187, 4,971,934 and 4,943,051. The SNAPCHAT® mark has become well-known and famous and indicates to consumers that photo and video sharing software, social networking services, publishing services, and other related goods and services originate from or are sponsored by Snap. Snap is also the proprietor of a large family of SNAP marks, including, without limitation, SNAP®, U.S. Reg. Nos. 4,111,564 and 4,345,533; SNAP INTERACTIVE®, U.S. Reg. No. 4,111,563; SNAP ADS®, U.S. Reg. No. 5,046,768; SNAP CHANNEL®, U.S. Reg. No. 4,967,313; SNAPCODE®, U.S. Reg. No. 4,925,610; and, SNAPMOJITM. Needless to say, Snap considers its SNAPCHAT® mark and its family of SNAP marks (collectively the “Snap Marks”) to be among its most valuable assets. These assets enjoy broad protection under federal, state, and international laws.
We recently learned that you are operating a pornographic website located at xxx.com, using the SNAP and/or SNAPCHAT name. Because your use of the SNAP and/or SNAPCHAT name is identical to Snap’s use of its Snap Marks, visitors to your website are likely to believe that your website is published, sponsored, endorsed by, or associated with Snap, which is not the case, and the Snap Marks are likely to be diluted and tarnished.
Your use of the SNAP and/or SNAPCHAT name in connection with a pornographic website is naturally of great concern to Snap, is a violation of its rights under federal and state trademark and unfair competition laws, as well as damaging to Snap’s business and reputation. Snap therefore requests that you immediately:
1. Cease use of the terms “SNAP” and/or “SNAPCHAT” in the title of your website and services offered therein, and on any other websites, social media accounts, or products and services developed or sold by you.
We hope to resolve this matter amicably and without the need for legal proceedings. Please reply to this email to confirm that you intend to comply with Snap’s requests. If we do not hear from you, this matter may be escalated for further action.
Nothing contained in this letter constitutes an express or implied waiver of any rights, remedies, or defenses of Snap, all of which are expressly reserved.
Sincerely,
Caroline (Carrie) Barbee
Kilpatrick Townsend & Stockton LLP
9720 Wilshire Blvd PH | Beverly Hills, CA 90212-2018
[email protected]
We represent Snap Inc. (“Snap”) in intellectual property matters. Our client’s SNAPCHAT® branded mobile app is among the top photo and video sharing applications in the world, with more than 178 million daily users and more than 10 billion views per day. Snap has extensively promoted and used the SNAPCHAT® mark since at least as early as September 2011 and owns numerous trademark registrations and applications for the SNAPCHAT® mark in many countries throughout the world, including U.S. Reg. Nos. 4,375,712, 4,933,187, 4,971,934 and 4,943,051. The SNAPCHAT® mark has become well-known and famous and indicates to consumers that photo and video sharing software, social networking services, publishing services, and other related goods and services originate from or are sponsored by Snap. Snap is also the proprietor of a large family of SNAP marks, including, without limitation, SNAP®, U.S. Reg. Nos. 4,111,564 and 4,345,533; SNAP INTERACTIVE®, U.S. Reg. No. 4,111,563; SNAP ADS®, U.S. Reg. No. 5,046,768; SNAP CHANNEL®, U.S. Reg. No. 4,967,313; SNAPCODE®, U.S. Reg. No. 4,925,610; and, SNAPMOJITM. Needless to say, Snap considers its SNAPCHAT® mark and its family of SNAP marks (collectively the “Snap Marks”) to be among its most valuable assets. These assets enjoy broad protection under federal, state, and international laws.
We recently learned that you are operating a pornographic website located at xxx.com, using the SNAP and/or SNAPCHAT name. Because your use of the SNAP and/or SNAPCHAT name is identical to Snap’s use of its Snap Marks, visitors to your website are likely to believe that your website is published, sponsored, endorsed by, or associated with Snap, which is not the case, and the Snap Marks are likely to be diluted and tarnished.
Your use of the SNAP and/or SNAPCHAT name in connection with a pornographic website is naturally of great concern to Snap, is a violation of its rights under federal and state trademark and unfair competition laws, as well as damaging to Snap’s business and reputation. Snap therefore requests that you immediately:
1. Cease use of the terms “SNAP” and/or “SNAPCHAT” in the title of your website and services offered therein, and on any other websites, social media accounts, or products and services developed or sold by you.
We hope to resolve this matter amicably and without the need for legal proceedings. Please reply to this email to confirm that you intend to comply with Snap’s requests. If we do not hear from you, this matter may be escalated for further action.
Nothing contained in this letter constitutes an express or implied waiver of any rights, remedies, or defenses of Snap, all of which are expressly reserved.
Sincerely,
Caroline (Carrie) Barbee
Kilpatrick Townsend & Stockton LLP
9720 Wilshire Blvd PH | Beverly Hills, CA 90212-2018
[email protected]
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