Dear Hosting Provider,
We are contacting you with the following case in order to protect the rights of OTP Bank Plc.:
We have become aware that the website made accessible by an unknown content provider available under the domain name otpbank[.]elautral[.]com, uses the same designations as the Bank’s well-known trademarks, however, the content provider does not have any authorization from the Bank for the use of the referred designations.
The infringing content on otpbank[.]elautral[.]com can be accessed via the following URL: https://otpbank.elautral.com/
The activity of the content provider is illegal and unfair, it serves to mislead consumers regarding the origin of the content available on the website under the domain name otpbank[.]elautral[.]com and is also capable of deceiving the consumers regarding the non-existent relationship between the content provider and the Bank. The content provider does not have any authorization from our Bank regarding the said activities and is not and has not been in any relationship with the Bank.
Pursuant to Article 12 of Act XI of 1997 on the Protection of Trademarks and Geographical Indications (hereinafter Trademark Act), the trademark owner has the exclusive right to use the trademark. Under the exclusive right to use a trademark, the trademark owner may take action against any person who, without his authorization, uses within the scope of business activity any sign identical with the trademark in relation to goods or services which are identical with those for which the trademark is registered or any sign where, because of its identity with or similarity to the trademark and the identity or similarity of the goods or services, there exists a likelihood of confusion on the part of the public. Under Section 27 of the Trademark Act, any person who unlawfully uses a trademark in contravention of the provisions of Article 12 commits trademark infringement.
Please note that the infringement of the Bank’s exclusive trademark rights may result in serious civil or criminal sanctions, depending on the circumstances of the case and the infringement of the provisions of the relevant legislation. Please note that based on Article 10 of Act CVIII of 2001 on certain aspects of electronic commerce services and information society services (hereinafter referred to as the Electronic Commerce Act), your company, as the hosting provider of the aforementioned website, cannot be held liable for the storage of the infringing content if your company has no actual knowledge of the illegal activity in connection with the infringing content, or is not aware of facts or circumstances from which the illegal activity or information is apparent and upon obtaining knowledge or awareness thereof acts expeditiously to remove or to disable access to the illegal information.
In order to protect the rights of OTP Bank Plc., we are prepared to use every legal means available, in particular initiating civil and criminal proceedings, but before that
we call you
as the hosting provider of the website available under the domain name otpbank[.]elautral[.]com to remove any content that infringes the Bank’s trademarks. If you are not able to remove the said infringing content, we urge you to make it impossible to access on the website available under the domain name otpbank[.]elautral[.]com
We also urge you to do everything in your power to prevent the continuation of the infringement, bearing in mind that you may be held liable for the said infringements under Section (2) of Article 7 and point b) of Article 10 of the Electronic Commerce Act, if you fail to comply with our request.
However, please also note that the available remedies under the Trademark Act are objective, therefore the Bank may take action against you under the above provisions not only as the hosting provider of the website available under the domain name otpbank[.]elautral[.]com, but also for trademark infringement. Accordingly, if for any reason you decide not to comply with your removal obligations under the Electronic Commerce Act, please consider this letter as a request to immediately cease the trademark infringement rights and take the necessary steps to immediately cease the illegal activity.
We are confident that the matter above can be settled amicably, out of court, so we are counting on your kind cooperation! However, should our efforts fail, the Bank is ready to take the necessary legal action to protect its interests and rights.
Sincerely,
Security Operation Center of OTP Bank Plc.
