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[Jamy36823]

Hello.
Recently I was made aware of the fact that a new website has just opened using the same DBA name as we are. Neither of us have brick and mortar stores..only online. They are selling the same products as we do.
Of course the web URL is slightly different as they added the word "The" to their URL and we've added the word "Online" to ours. But our true DBA name is the same! We have been using this name online for over a year now. I did extensive research (didn't hire someone) before I chose this name to make sure that we were not taking someone else's name. There was only one other company using this name at the time but they are a Brick and Mortar store (no website) and they do not sell the same type of products that we do.
We do not technically sell product of our own. We sell other companies products but we do work with cafepress on selling their products with our logo and business name on them.
What if anything can I do about this other site? It is definitely confusing to customers. If you were to search our DBA name mine comes up first and directly below is the other site.
Thanks in advance for your input!

[JSonnabend]

Based on my understanding of your situation, the other party may be infringing your trademark by using their domain as they are.  Certain facts would have to be explored before confirming this conclusion.

My advice would be to send the other party a cease and desist letter, preferably from an attorney (they're more effective that way).

I routinely handle matters such as these, as do other attorneys here.

- Jeff

[Isaac]

Parsing through the story left me with questions about whether the DBA name or the domain name was being used as a trademark.    A first step might be to sort out what trademark rights you do have during a meeting with an attorney.

[Jamy36823]

I am a bit confused about weither my DBA name can be trademarked or not...Ive read a ton of legal sites and to be honest..I dont understand much of it! I THINK it can be but that was kind of another one of my questions I was hoping someone here could answer.  

[JSonnabend]

First off, there is no such thing as something being "trademarked."  Either a name (or other symbol) acts as a trademark or it does not, plain and simple.  If it does, it is.

Any product name, DBA, corporate name, slogan, logo and the like can act as a trademark.  If so, one may seek to register the trademark with the Trademark Office.

- Jeff