Just Received Cease & Desist -- What Should I Do Now?

Hello Fellow Warriors,


I am a new internet marketer who has just been 6 months into the business. I have a lot to learn from you guys. This morning, I received a C&D from one of the attorneys in US (I believe) saying that I have somehow "infringed" the trademark of their client, and ask me to cease all that I'm doing with the site right now, and transfer the ownership of my current domain to them.

Here's the content of the letter:

"
Our firm represents Client Name. Our client is the owner of all right, title and interest in and to the mark Trademark, which is the subject matter of United States Trademark Registration No. Trademark Registration No. for My Niche. Client Name has used the mark Trademark consistently in the market for many years.

Client Name has recently discovered that you are operating a website located at My Domain URL and are using the mark Trademark. These uses of the mark Trademark are in connection with the sale of My Niche information and products.

Given your use of the mark identical to our client's federal registration in connection with goods and services very closely related to our client's goods, it is clear that your use of the mark Trademark is likely to cause confusion, mistake or deception amongst the public. Accordingly, we must insist that you immediately agree to cease and desist from all further use of the mark Trademark, assign the My Domain URL domain name to Client Name, change your corporate name if applicable, and discontinue any and all acts which may cause confusion among the public related to our trademark. Please be aware that Client Name will take whatever steps are necessary and appropriate in order to protect its valuable intellectual property rights.

Please contact me by the close of business (Eastern Standard Time) on Monday, February 20, 2012, to avoid legal action.

"

The issue is like this:
I named my domain as http: //trademark.org., not knowing that the domain name http: //trademark.com already registered as trademark. It has some decent number of searches so I guessed it is only natural that someone has already taken the .com extension. So, I settled for the .org.

I checked up their trademark registration number, and they really did registered the trademark back in 1999. So, I guess I really did unintentionally infringe their trademark.

My question is, do they really have the rights to ask me to cease all operations and surrender my domain to them?

I purchased it with my own cash and spent lots of time and effort to get them ranked on Google. It has only recently attracted thousands of visitors. Just when I see some success, they come and try to take away my property.

Honestly, I am really reluctant to transfer my domain ownership to them as I've sincerely contributed a lot and have spent a lot of time and efforts on this website.


Any advice, seniors? Please shed some lights on me. I'm totally lost and have no idea on how to handle this situation...