Dear Sir or Madam:
This letter is being written to you on behalf of Tumblr, Inc. (“Tumblr”). Tumblr is the exclusive owner of all trademark and other intellectual property rights in and to the TUMBLR and T trademarks (the “Trademarks”), including the stylized TUMBLR and T logos. Tumblr owns trademark registrations for the Trademarks. Tumblr uses the Trademarks in connection with, among other things, its publishing platform for online media, Internet-based social sharing and media network services, and mobile applications, and these marks have become firmly associated with Tumblr in the minds of the public. Based on the foregoing rights, it is a violation of federal and state law for others to advertise, utilize, offer for sale, and/or engage in services in connection with the Trademarks without the express written permission of Tumblr.
It has come to our attention that you have registered the below listed domain name(s) and are operating an active website at such domain name(s):
istumblrdown.com
Your selection and use of the aforementioned domain name(s) creates the impression that your website is an authentic Tumblr website, when in fact it is not. The Tumblr name and mark is fanciful and strong and entitled to a broad scope of protection. There is no other reason for registering a domain name incorporating the Trademarks other than to trade off the established goodwill in the famous name and mark TUMBLR. Consumers are likely to be confused that the domain(s) is somehow associated with or sponsored by Tumblr when it is not.
Your use and registration of the famous TUMBLR name and mark constitutes counterfeiting as well as infringement of Tumblr’s trademark and service mark rights in violation of the Federal Trademark Act, 15 U.S.C. § 1051 et seq. and constitutes common law trademark infringement and unfair competition under state law. Your actions are also in violation of the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d). Accordingly, you may be liable for up to $100,000 per domain name registered.
We therefore demand that you immediately cease and desist from infringing Tumblr’s intellectual property. To that end, you must:
1. Immediately deactivate the website located at:
istumblrdown.com
2. Do not sell, offer to sell, or transfer the domain name to a third party;
3. Let the domain registration expire; and
4. Immediately cease using the famous name and mark TUMBLR and any other intellectual property owned by Tumblr or any other intellectual property confusingly similar thereto on any other Internet web sites that you run, or otherwise in connection with your activities.
The demands herein are not made to the exclusion of other rights or remedies to which Tumblr is entitled, and nothing in this letter, nor any act or omission by Tumblr, shall limit those rights or remedies, all of which are expressly reserved.
Very truly yours,
Global Brand Protection, Tumblr, Inc.