DBA / Domain filing. Legal?

[webtracker]

Not sure if this is the right category for this. If it isn't please feel free to move it to the right one. Thanks! Also, where you see the word DOT, please replace it with a "." I need 5 posts to be able to post URLS

I have a situation regarding a DBA filing and a internet domain. I recently decided to start an internet business which sells BIG BELLS and WHISTLES online via Ebay. I checked my county's recording office and found a name that I liked and that name was available IN MY/THAT COUNTY. I reserved the domain name bigbellsandwhistlesDOTcom/net which was available.

Later, I found out that just the DOMAIN NAME, bigbellsandwhistlesDOTcom, was listed as a DBA in another county and the company was ALSO selling BIG BELLS and WHISTLES.

My county example - filed and purchased in June of 2008:
Filed DBA Big Bells and Whistles
Purchased bigbellsandwhistlesDOTcom

Another county example same state - filed and purchased in June of 2007:
Filed DBA bigbellsandwhistlesDOTcom
They purchased no domain name

That's my problem. Can I legally continue to do business under Big Bells and Whistles AND still sell BIG BELLS and WHISTLES on bigbellsandwhistlesDOTcom or can they come knock on my door a year from now and say that I'm using their domain name and must stop selling big bells and whistles under the name BIG BELLS and WHISTLES?

Thanks

 

[Michael Wechsler]

This is difficult to answer without more information. You may want to file for trademark protection. Without it, it's possible both of you can operate and have rights to preclude the other in respective counties under "common law." I'd want to speak to a trademark lawyer as soon as possible and discuss and analyze all the facts.