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Someone's website is using part of my trademarked name, is there anything I can do?

Someone's website is using part of my trademarked name, is there anything I can do? My service mark is in the area of providing financial solutions to people, and so is the other website. Do I have a strong case? Should I write them a letter to not to use my registered name? For example, my domain is widget.com, widget is my registered mark, the other website is widgetsomething.com and is an MLM company. My site provides free sources and articles to help achieve financial security. I did see via internet search that there were questions whether that other site was a scam, I am concerned that others may mistakenly think that it is same as my site. I trademarked my name hoping that others wouldn't use it. Thank you.

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Attorney answers (3)

Reputation Level 18
The only way to determine if one trademark is confusingly similar to another -- or whether a domain name unfairly includes another's trademark -- is to evaluate the trademark and the domain name. No one can answer your question, therefore, without knowing what you use as a trademark (and the precise services you offer under that mark) and the domain name that the other person registered.

I caution you against providing that information in a public forum such as this one and suggest that you call a trademark attorney in your state. Some attorneys will provide a free consultation. You could also contact a local law school that has a legal clinic or a friendly intellectual property professor who may discuss your . Good luck.
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Reputation Level 10
Unfortunately, such a specific question simply cannot be answered in a forum like this, you will really need to speak with an attorney to decide on the best course of action.
There are a number of factors that will determine your likelihood of succeeding in a trademark dispute. Ultimately, the issue is how likely is it that someone will confuse your business with the MLM business. Exactly how the likelihood of confusion is determined will depend on whether yours is a state (and if so, what state?) or federal trademark. The portion "Judging the likelihood of confusion" from the below linked Wikipedia article will give you some background on what a court would probably look at in determining if your mark is being infringed.

Reputation Level 6
I agree with the others who answered that due to the fact-specific nature of your issue, it's not possible to determine how strong a case you have or not and whether or not it makes sense to pursue it based on what you posted.

The Uniform Domain Resolution Process (UDRP) that is typically managed by WIPO (www.wipo.int), is a way to avoid costly litigation when you believe you have a legitimate claim against someone using a domain name (typically because you have a registered trademark). That being said, filing a complaint and seeing it through to completion is not free or cheap, and you are best served engaging an attorney with some experience with UDRP proceedings if that is the route you decide to take.

Good luck.

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