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June 13, 2018 




Dear Sir/Madam,


This is to inform you about the intent of Semalt OU to start legal proceedings against you as the website
owner of the abuseipdb.com.

The legal proceedings are related to Semalt brand abuse. We believe that you use your hosting as a
platform for spreading false information and libel as well as for an unauthorized (illegal) use of the Semalt
trademark for your own benefit. Under illegal use of the trademark, we mean the unauthorized use of the
trademark /brand components which are similar or almost identical to the official Semalt brand
components. They include the logo, fonts as well as words and symbols that point out to the product owner
and make it stand out from its competitors.

Here is the article related to our company:

https://abuseipdb.com/check/196.216.49.242

Please also see the screenshots of the articles in the addendum.


The above mentioned materials do not contain any truthful information, and you ignore our attempts to
clarify the issues related to your abusive comments and articles. You choose to ignore us and continue
spreading false information. Our company has never been involved into the distribution of referral spam.
On the contrary, we often suffer from fake referral traffic on our website.


The Semalt company has no doubt that you have used the trademark of our company in your publications
not by accident but on purpose hoping to attract customers (readers) by using the popular brand/product
name. The legal owner (the Semalt company) has spent a lot of money, time, and effort to earn its clients’
loyalty and develop a successful advertising campaign, that’s why this issue is very important and serious
for us. Furthermore, we believe it is our duty to defend our reputation. 


Our legal actions are going to be based on the Paris Convention for the Protection of Industrial Property, of
March 20, 1883 (as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at The Hague
on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July
14, 1967, and as amended on September 28, 1979)

http://www.wipo.int/treaties/en/text.jsp?file_id=288514

According to the Article 6 quinquies, Article 6 septies, and Article 8 of the same document, a trademark
can’t be used without its owner’s approval.

Also, have a look at the DIRECTIVE 2004/48/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29
April 2004 on the enforcement of intellectual property rights.

Trademark protection in the United States is carried out on the basis of the Lahman Act. Common law
trademark rights are acquired automatically when a business uses a name or logo in commerce, and are
enforceable in state courts. Both, registered with the US Patent and Trademark office and unregistered
trademarks have some degree of protection under the Lahman Act. According to the Lahman Act,
“trademarks include any word, name, symbol, or device, or any combination thereof " (§ 1127).

The main International agreements that Influence the US trademark law include:

- The Madrid Agreement and Protocol


- Nice Agreement Concerning the International Classification of Goods and Services for the Purposes
of the Registration of Marks
- The Paris Convention for the Protection of Industrial Property
- Singapore Treaty on the Law of Trademarks
- Trademark Law Treaty (TLT)
- Convention Establishing the World Intellectual Property Organization
- World Trade Organization (WTO) - Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS Agreement) (1994)


We also use the General Data Protection Regulation (GDPR) (EU) 2016/679 that addresses data
protection and privacy within the European Union (EU) and the European Economic Area (EEA).

Art. 4 GDPR: The GDPR defines ‘personal data’ as any information relating to an identifiable person who
can be directly or indirectly identified in particular by reference to an identifier. This definition describes
a wide range of personal identifiers, including name, identification number, location data or online
identifier reflecting changes in technology and the way organizations collect personal information.
According to the GDPR, we assume that any personal data relating to our employees cannot be available
publicly without their explicit consent.

THEREFORE,

Based on the International and European trademark protection legislation WE WILL DEMAND THROUGH
THE COURT that you take the following actions:
- Completely remove from the abuseipdb.com the information damaging reputation of the Semalt
company (articles, logos, screenshots of the site, posts and etc.).

- Provide financial compensation for damaging good reputation. The compensation includes all losses
of the company starting from 2014 (the date of publication of the first content) to this day.
- Offer your public apologies for the publications that have negative character and damage
reputation of the Semalt company.