Legal Question in Intellectual Property in California

Domain name ownership/trademark...

I recently started an online based business selling car parts and accessories. My business is ''XXXXX DOT COM'' (XXXXX not actually being the business name, just a place holder for my example, and the DOT COM is actually a website, but this thing won't let me put in a ''URL''). I have received several phone calls from an individual in California who operates a mechanic/racing shop called ''THExxxxx, Inc'' and whose website is ''THExxxxx DOT COM''. His phone calls, in no uncertain terms, are telling me to change my business name. The some of the car parts I sell are of the same make of the cars he works on. He sells some parts out of his store, but not online. He is in California and I am on the east coast.

Would a reasonable person really be required to search every last mom and pop mechanic shop on the opposite coast to set up an online store?

Further, the USPTO has no record of his business name as a trademark. His website does say he is incorporated, however.

Again, my business is a DBA in the name of ''XXXXX DOT COM'' (DOT COM is included) and his is ''THExxxxx, Inc.''. He works on cars, I sell parts and accessories (pictures, etc) for the cars (in addition to others) that he happens to work on.

Thanks in advance.

1 Answer from Attorneys

Related Questions & Answers

More Intellectual Property questions and answers in California

Looking for something else?