Cease and Desist

[gonzo]

I've obtained a stylized trademark on my business name.  Recently, I've learned of two individuals who are using my business name in producing similar products as a hobby-business.  Their use is not stylized.  Also, while they charge for substantially similar services/products, neither is registered as a business entity or licensed in their respective jurisdictions.  Both jurisdictions require licensing and insurance for such businesses.  Compounding the issue, one of the businesses is located in the US and the second is located in Canada.  I do not have an international trademark as of yet.  Both are using the internet to market their products.   

A C&D letter to both seems warranted and necessary to me.  The Canadian infringing operation produces products that are clearly targeted towards American consumers; so, I suspect sales are being made in the US.  Any thoughts on what I should do?

[MYK]

One thing you might want to check is when they started using their marks.  You might be the one infringing on theirs, after all. 

[gonzo]

I have tried to find out, but I can't tell.

Neither entity is legally registered as a business entity, nor is either licensed by the appropriate licensing authority.  Assuming the government databases are current, they are not legal entities....they both do appear to be hobbies.....but, for all I know, they could be 25 year old hobbies. 

Regardless of when it time they began using the name, wouldn't use as a hobby militate against a determination of actual "use in commerce"?