Legal Question in Business Law in Nebraska

What can I do about another company using the same/similar to our company's?
Our company (we'll call it frogs) has been in business since Aug 1998. We are a small business. We offer graphic design and promotional services.

We also have purchased the domain name of the same name (frogs.com) and have owned the domain since July 2000.

We have been monitoring other similar domain names. The domain name frog.com - was taken - it was owned by someone in England and he wasn't using it for anything.

Then June someone else purchased the domain. Their website says,''frog is a small business who offers graphic services.''

It also says they are a recently established business. They are located in a different state, yet we do a large portion of our business on the web, and there are too many similarities in the two businesses.

What can we do to protect our company name and our business??

We are working on trademarking our business' name...

Would this be the right course of action?

If not, what should we do?

This is major part of our income and can not afford to have our business jeopardized.

Asked on 9/11/06, 10:09 pm

David Anderson Anderson Business Law LLC

0 users found helpful

0 attorneys agreed

Re: What can I do about another company using the same/similar to our company's?

If your timetable checks out, you already have Common Law TM rights in the name, which may be asserted against the infringing company.

TM Registration would be advisable, but you don't need that to assert your existing rights in the TM.

You should immediately issue a Cease & Desist letter from your attorney to protect your rights.

Call or email for further assistance.

Answered on 9/11/06, 10:58 pm

Keywords

Match Any Match All

Country

State

Area of Law