Within the framework of its activity, OVH owns many trademarks such as, including but not limited to OVH, Runabove, SoYouStart and Kimsufi. As a trademark owner, OVH can prevent third-party from using the said trademark.
To preserve its rights, OVH regularly monitors any potential such infringements regarding any of its distinctive signs (i.e trademarks, websites etc…) or any behavior that would be potentially detrimental to its image and reputation, including by deceiving potential customers.
In this monitoring, OVH noticed that the domain name kimsufi.sale was registered by you; the domain name is attached to a website reselling OVH servers. The website attached to this domain name reproduces indeed some OVH distinctive signs (cf. attached screenshot).
Such registering and use of services and services name is totally prohibited by OVH as owner of the below mentioned trademarks.
Regarding the domain name kimsufi.sale:
OVH is a registered trademark since 1999. Such registration prevents third-parties from using the label and the logo attached to it, especially for commercial purposes.
The domain names above-mentioned have been registered after the registration of OVH trademark.
By registering such domain names, you, as a third-party, use without authorization the OVH trademark. This could be seen as and an act misleading customer.
Consequently, considering the trademark infringement, we ask you to immediately transfer the domain name kimsufi.sale to our company (simply by giving your consent by return e-mail) and to commit, for the future, not to using any OVH trademarks.
Regarding the website attached to the domain name kimsufi.sale:
We noticed that the homepage of your website offered by OVH and for which OVH without any partnership.
By doing so, this could be seen as an intent to profit from and exploit goodwill associated with the OVH trademark without any partnership signed between our companies.
This damages our brand image and represents a potential risk for customer poaching, as our potential customer can be directed towards a third-party offer, thinking there is a partnership between out both companies. Such behavior causes to OVH a certain and direct harm that shall not persist.
In view of the above we kindly ask you to:
— Transfer immediately to OVH the domain name kimsufi.sale; and
— To stop immediately and for the future using OVH or any of its distinctive signs label in any of the domain name you can register; and
— To stop using OVH trademark on your website, specifically in association with servers offerings.
We look forward to hearing from you as soon as possible.
Best regards,
OVH SAS
