Excelsior, MN asked in Intellectual Property and Trademark for Minnesota

Q: Trademark Help

I just started a business doing cases for mobile device, gaming consoles, tablets, etc. I just found out today a direct competitor has the same domain name as me but adds a few characters to the end of his URL. We are both ecommerce and both sell basically the same product. I know he does not have a trademark but to my knowledge I would still be in the wrong because he started his business before me. Is there anything I can do to keep the same name and operator this business?

For example my domain name is "cat" and his domain is "catcase".

I am located in MN

1 Lawyer Answer
Benton R Patterson III
Benton R Patterson III
  • Trademarks Lawyer
  • Dallas, TX

A: You are not necessarily in the wrong here. The two marks may be distinguishable. Although, its difficult to say without knowing the exact names. It is also possible the other user may have surrendered its rights by not enforcing its mark. An attorney would need to know all the facts to make a determination.

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