Legal Issues with Cynosure

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Sep 14, 2020, 12:44 PMto me, Enforce

Dear Madam/Sir:

Cynosure LLC, holds trademarks to the Cynosure® brand and the SculpSure® brand. These trademarks are protected by U.S. and international trademark registrations.

The Cynosure® brand trademark has been in use in commerce since at least 1992.  Cynosure manufactures and sells the SculpSure® laser and Cynosure markets and advertises the SculpSure® laser worldwide through many channels of commerce including its website at: http://www.cynosure.com/product/sculpsure/. Cynosure has been using the SculpSure trademark extensively worldwide in connection with its manufacture, marketing, sale, and service of the SculpSure laser. 

Through this continued use, the Cynosure and SculpSure trademarks are widely identified in the minds of consumers and the industry in general as distinguishing the Cynosure brand denoting the high quality of Cynosure products.  As such, the Cynosure and SculpSure trademarks constitute valuable Cynosure assets.

The Cynosure and SculpSure brands are used to identify, advertise, and promote Cynosure products and activities.  Cynosure also owns exclusive rights in associated advertising and promotional materials that are protected around the world under U.S. and international trademark and copyright laws.

It has come to our attention that you are committing willful and blatant trademark infringement and dilution through your misuse of the brand SculpSure® in the domain name:

https://sculpsureownersforum.com/

Cynosure® is very concerned about the unauthorized and illegal use of its valuable trademark and is prepared to take whatever legal steps are necessary to protect the value and integrity of its trademark. Cynosure® is intent upon stopping these illegal activities and, thus hereby demands that you and any other entities, agents or affiliates connected therewith immediately:

·  Cease and desist from further use of the SculpSure® trademark, and/or any other names confusingly similar thereto, included but not limited to, in any and all advertising, websites, domain names, metatags;

·  Transfer this domain name to Cynosure® within 7 (seven) days from receipt of this notice, free of any charges; and

·  Send us a written undertaking to desist from performing any of the foregoing unlawful activities for the future, with the acceptance of a fine of USD 5.000,00 for each single infringing act.

Please, note that, although further monitoring is being performed to ensure your full and prompt compliance with each and all the above requests, in case of total or partial failure within 7 (seven) days from the receipt of this notice, we shall consider that you do not wish to solve the issue amicably and Cynosure® will then feel free to take further immediate actions for the protection of its rights.

This letter does not purport to be a complete statement of all facts or the law and is made without prejudice to and retaining all legal and equitable rights of Cynosure®

Sincerely,

Opsec Security on behalf of Cynosure LLC