The guy who owns www.ap-hosting.com claims I am hurting his business and he claims he filed his papers for incorporation.... Now what should I do? Someone help me...:bawling:

-Andy

incorporation or trade-mark? Who registered first? I wouldn't worry too much about it if he is just getting around to it now. But as always, you may want to talk to a lawyer or file for trademark. Reserved names for incorporations are only good in the state in which they have incorporated, so it doesn't matter if he is in another state and you are incorporated somewhere else.

Ok ill go to a lawer if he comes back to bug me.
Whats the difference between trademarking and incorporating?

-Andy

Originally posted by Synergy
The guy who owns www.ap-hosting.com claims I am hurting his business

counter claim perhaps? As it is awfully similar to yours, and he could be hurting your business :)

either way, it is the damn lawyers who win :(

Actually you gave me a good idea.. I'm definately be looking for business lawers although its quite some money to get them for this case.

-Andy

It doesn't look like there is anything on www.ap-hosting.com so honestly how could you be hurting his business if he's not even using it???

I cant get to it either!

IANAL, but a patent attorney I've discussed this with has told me you don't necessarily have to register a trademark in order to be protected. You can put "TM" (but not the "circle-R") alongside anything, as long as you have some documentation as to the date of inception of the mark (a domain registration might work, business registration, etc.) that would help prove you've used it first. This would at minimum protect you at the state level, but not necessarily at the national level. That's where the U.S. Patent and Trademark Office comes in handy. . .

Originally posted by alchiba
IANAL, but a patent attorney I've discussed this with has told me you don't necessarily have to register a trademark in order to be protected. Absolutely true, and not just at the state level. Prior use of a mark can establish trademark rights, even without registration.

Whoever filed papers for incorporation first may have an advantage only in having documentation of prior use, but other documentation -- registration of a domain name, perhaps, or publishing of an advertisement, or a state-registered trademark -- can have equal weight.

Andy, I think you're right in not worrying too much and I wouldn't react at all unless the guy continues to pursue it. It'd be hard for him to establish bad faith on your part as far as the domain name, under the current dispute resolution policy, so I wouldn't worry about that. As for your questions about trademarking, start here: http://www.uspto.gov/web/menu/tm.html

Of course, I'm not a lawyer... but in general my approach would be don't start paying a lawyer until after the other guy does!

well he got nothing to prove that he has filed ne papers :)

That site still isn't showing up. Shame on you for stealing all his business ;)

Incorporating is creating a legal "entity" or "person" in a particular state. While I may be incorporated in one state, a person can incorporate the exact same name in any other state in which I've not registered my name as a "foreign" corporation.

It has absolutly nothing to do with trademark issues!