Trademark Company Name / Cease & Desist or wait?

[djyoungdirty]

I own a Disc Jockey Entertainment Company Called, Carolina Entertainment. I've been operating under this name since 2003, Residing in North Carolina, but operating in South Carolina as Well.

Recently another individual has starting operating as Carolina Entertainment in South Carolina.

Originally it wasn't a pressing issue but... recently he purchased carolinaentertainment.com as his website domain.

We operate under carolina-inc.com as it's shorter and at the domain a domain seller had carolinaentertainment.com and wante $3,000 for it.

Now clients are getting us confused & he's getting mu business.

To prevent this, I've filled for a Trademark of Carolina Entertainment with the USPTO. It has live status via the USPTO Website (85130700), but has yet to be reviewed and approved by them.

Do I need to wait for that until I ask the other party to cease & desist? Do I have any rights to his domain?

Thank You.

 

[djyoungdirty]

No Help? Reply Please.

 

[army judge]

I own a Disc Jockey Entertainment Company Called, Carolina Entertainment. I've been operating under this name since 2003, Residing in North Carolina, but operating in South Carolina as Well.

Recently another individual has starting operating as Carolina Entertainment in South Carolina.

Originally it wasn't a pressing issue but... recently he purchased carolinaentertainment.com as his website domain.

We operate under carolina-inc.com as it's shorter and at the domain a domain seller had carolinaentertainment.com and wante $3,000 for it.

Now clients are getting us confused & he's getting mu business.

To prevent this, I've filled for a Trademark of Carolina Entertainment with the USPTO. It has live status via the USPTO Website (85130700), but has yet to be reviewed and approved by them.

Do I need to wait for that until I ask the other party to cease & desist? Do I have any rights to his domain?

Thank You.

You have NO rights to his domain.

But, he may NOT have any rights to your domain.

Depending on how much you THINK you're losing, this may end up in court.

You should begin tracking and accounting for any losses.

You MIGHT have the basis for a "tortious interference with business" lawsuit.

You should speak to a patent-trademark attorney in your area.

The initial consultation is usually free.

 

[Michael Wechsler]

Your case is fact specific. As of right now, I don't see that you have any rights to the domain and may not even have a case. The name you are using is descriptive which makes it a problem to begin with. Now did this person register a corporation in South Carolina? How about you? Are you registered?

My guess is that you may have a problem with the USPTO's review of your trademark as well. Until it is approved, you have no federal trademark rights in another state. I don't even think that you have a tortious interference lawsuit. I'm not even sure that you acquired "common law" trademark rights to the name in a foreign state.

You need to speak to an attorney to obtain a proper consultation in order to determine your rights.