Tackle Donuts with Cease and Desist letter.
This is a prime example of an ICANN endorsed "Racket" (1).
Donuts is a USA based firm; and they must function within the confines of US Law, which they know, but retain as an unspoken fact, to daze & confuse the public; and hapless brand owners.
Have a USPTO Trademark? Simply demand they remove your branded word, or sue them along with ICANN, who profit from each domain name Registered behind ~ dot.Racketeering !
If you ONLY own a domain name with .COM / .NET / .ORG you {{ maybe }} able to eliminate the infringement based under the US Law of "interstate commerce" 15 U.S. CODE § 1214 ~ as they're deriving revenue from Your branded name in Washington States; and or California, or both.
{{ confirm location of legal Head office, to establish accurate Jurisdiction & Venue of Donuts }}
Where from your US Based Domain Name, IF and it's a BIG IF, you meet some basic criteria, from the Virginia based TLD's by / under / through "Interstate Commerce" combined with the legal concept of "first in use" plus "continuous and systematic contact with the forum State" you maybe able to nail them too.
There's a few little subtitles to study and address; but above is a modest study foundation for combatting ICANN's Ilk. Further study materials are at ICANN.org / newgtlds.icann.org / gnso.icann.org and a myriad other Sub Domain's under ICANN.
On other point too! "New gTLDs" are an ICANN mandate, written into their MoU, November 1998, from the NTIA, under the authority of the Commerce Department, so here also, one has "grounds" in the United States.
By point of fact, above is NOT LEGAL ADVISE .... it's a starting point, for the initiated to gain more knowledge; and start a battle against them. For proper information go to Cornell University at ... http://www.law.cornell.edu/uscode/text/15 ... it's a great resource to study from.
Cheers, Graham.
(1) "A racket is a service that is fraudulently offered to solve a problem, such as for a problem that does not actually exist, will not be affected, or would not otherwise exist. Particularly, the potential problem may be caused by the same party that offers to solve it, although that fact may be concealed, with the specific intent to engender continual patronage for this party."
Biting the hand that feeds IT
