I own a company which I purchased the .com name in 11/08, in Feb/09 I incorporated the name and in July 29/09 I trademarked the name as a text trademark since no one else had it. I own a paranormal service which has received TV exposure on various news networks and I am on top of all search engine results.
Yesterday I noticed that some individual is using my trademark name since july1/09 in a .com, yet he has mlm in front of the name...
If my trademark was a text service mark such as, Joe-schmo (which it is not) and I own Joe-schmo.com, joeschmoe.org, joeschmoe.net and his .com is called mlmjoeschmoe.com would that be considered infringement?
Even though his business is not my type is business I feel it may affect my business. Those that know us on the web, you tube and so forth know who we are and what we do. We are not affiliated, associated with any form of MLM - multi level marketing, pyramid schemes nor wish to be confused to be part of that industry. Our members are business owners, law enforcement personnel and ex Federal personnel not multi level marketers and some people may perceive that we are associated/affiliated with them or do this type of business on the side. His .com name was purchased in July 09 and has yet to be developed.
Do I have a case to prevent that user from using that website out of fear that it may make people assume that we are associated. We have two books in the works and a few film projects in the near future as well as upcoming news features and that last thing I wish is some form of confusion.
As of yesterday my trademark got to the status where someone can oppose it. Does he have a case to oppose it if I were to pursue hom on this? And what would the outcome be? Like stated I worked my butt off for the last 1.1/2 to get us to the status we are in to have someone use our name for multi-level marketings.
My business is in Florida but known worldwide via the web, his is in Georgia and was formed prior to my purchasing of my .com and incorporation. Furthermore my businesses a non-profit group which charges no fee for services rendered, yet receives money from donations from locations, media and businesses who donate for sponsorship. We do not wish people to assume we are doing a mlm money making business in any way. I have another company which handles events, clothing, gear and sales which I profit from in this field which has a different name. This allows me to run my non-profit business for those in need free of charge.