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[flyingforfun]

Hello,

So I own a business in e commerce. I have registered the name with my state and have been doing business online since February of 2010 Using the name of my business to sell goods. I own a LLC but have the company name registered as "The Something Fun" as a DBA under the LLC.  I have recently discovered that someone have registered a domain name that is almost identical to mine. I have searched and found that the company was founded in October or 2010 and is registered with another state. The have used my name for example "something fun LLC" to their business buy just removing "the".

For sake of example my site name is "www.thesomethingfun.com" and the address I found is "www.somethingfun.com".

Now I have two major questions.

Since I have been using my name for commerce for a longer period of time under common law I should have rights to the name correct?

Am I in the right to send them a cease-and-desist for the domain name and their business name, because it is so similar and confusing to my name?

Should a customer go to "www.somethingfun.com" to get to my products they would not make it to my page they are not selling goods however, and are using it for an information site right now.

Hope that makes sense, thanks again in advance!

[JSonnabend]

To the extent the other party is using a mark that is confusingly similar to yours, and further to the extent that your rights to the mark are senior to the other party's rights, you may demand that they cease and desist from use.

- Jeff