We are writing concerning your registration and use of the domain name X.nl, which contains the WhatsApp trademark.
You are undoubtedly familiar with WhatsApp, which offers simple, secure, reliable messaging available on phones all over the world. WhatsApp owns exclusive rights to the WHATSAPP trademark, including rights secured through common law use and registration in the United States (Reg. Nos. 3,939,463 and 4,083,272) and internationally. WhatsApp is a global leader in messaging services for mobile devices, with over 2 billion people in over 180 countries now using WhatsApp to stay in touch with friends and family via free messages and calling, anytime and anywhere.
We have recently discovered that you registered the domain name X.nl, which incorporates the famous WHATSAPP mark. WhatsApp has an obligation to its users and the public to police against the registration and use of domain names that may cause consumer confusion as to affiliation with or sponsorship by WhatsApp, dilute the distinctiveness of its WHATSAPP mark, or otherwise tarnish the mark. Accordingly, in addition to civil actions, WhatsApp and its parent Facebook have filed numerous proceedings pursuant to ICANN’S Uniform Domain-Name Dispute-Resolution Policy (
http://www.icann.org/en/help/dndr/udrp) to secure the transfer of infringing domain names. Moreover, the Anticybersquatting Consumer Protection Act provides for serious penalties (up to $100,000 per domain name) against persons who, without authorization, use, sell, or offer for sale a domain name that infringes another’s trademark.
While WhatsApp respects your right of expression and your desire to conduct business on the Internet, WhatsApp must take action to stop the misuse of its intellectual property. As you can imagine, various third parties around the world have attempted to wrongfully capitalize on WhatsApp’s reputation by registering domain names that include or are derived from the WHATSAPP brand. Such names are confusingly similar to, dilutive of, and can tarnish the WHATSAPP mark.
We understand that you may have registered X.nl without full knowledge of the law in this area. However, WhatsApp is concerned about your use of the WhatsApp trademark in your domain name. For these reasons, and to avoid consumer confusion, WhatsApp must insist that you immediately stop using X.nl, disable the content on the site, and transfer the domain name to WhatsApp within 7 business days. You should not sell, offer to sell, or transfer the domain name to a third party.
Please confirm in writing that you will agree to resolve this matter as requested. If we do not receive confirmation from you that you will comply with our request, we will have no choice but to pursue all available remedies against you.