What can I do if an ex-employee tries to create the same product and an identical company name as mine? 2 Answers as of May 16, 2011

If an ex-employee of my company try's to create a nearly identical product with the same name, and nearly identical domain name, is there anything I can do? In 2005 I registered a domain name for the use of creating an online product, lets call this domain name "onlineproducts.com" and call the product "the product". Between then and 2008, several people began helping me on "the product" and we gained a sizable user base. Soon after I also purchased "abcs.org" and "abcs.net". In 2008 I registered a company in Delaware called "ABC LLC", to begin turning the site/product into something more serious. We also began working on "the product" version 2 (the same name as the original). Late last year, two of the key developers of v2 quit, and at that time the "abcs.org" expired. Now, the two key developers have bought "abcs.org", are continuing development of v2 under the same product name, and are calling their 'group' "ABCs". They are not a registered company, just a group of people. Neither "ABC" or "the product" are registered TMs, however we have been using them for over 5 years now.

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Intellectual Property Center, LLC
Intellectual Property Center, LLC | Ak Shaf
I would suggest contacting a trademark attorney. You have rights without registration which should be protected against any possible confusion. Feel free to contact our office or another office to discuss your specific situation. You may email me directly.
Answer Applies to: Kansas
Replied: 5/16/2011
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
You may have common law rights in the trademarks in your state and if there was a selling product developed you may have a cause of action for trade dress.
Answer Applies to: Oregon
Replied: 5/13/2011
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