Domain Question

[hmcadena2000]

I started a company in 2000 with a couple of other partners. In 2005 my partners wanted out. Since I didn't have any money at the time, a new owner basically bought the whole company (it wasn't a profitable company then). Anyway, I stayed on with the agreement that the new owner would bring me in as a partner. We only had a handshake agreement and after two years, I recently quit when it seemed like he was just leading me on. I built up most of the company and almost all of the accounts were mine. Since we only had a gentlemans agreement, I hadn't signed a non-compete. The name of the company is Convergence Cabling. They owned the domain of convergencecable.com. I just recently bought the domain convergencecabling.com. I recieved a letter today from his attorney to cease and desist. any recommendations?

 

[accent]

I think you could make a lot more money and waste a lot less time by bringing customers to your new venture. With a completely different name.

 

[hmcadena2000]

Different name

I am bringing customers to my new place of business. I am now vice president of sales for a rival company. I just bought the web site name of the old companies name and have a brief history of how I help start the company and how to get ahold of me now. I guess I was wanting to see if anyone had any experience with this sort of thing, where you own a domain name and a company is threatening legal action ot make you quit using that domain name.

 

[accent]

There is such a thing as a common law trademark, and I suspect that if you sold them the entire business, including the name, that they would have some rights there. Enforcing those rights is another question. Threats cost little, lawsuits cost a lot. But I wonder if emotions are involved here along with strictly business concerns.

Read the posts here in this section, going back a number of pages, if you haven't already done so. Trademark law is not all that complicated, although it gets grey in places.

 

[DNQuest.com]

So you are using the confusingly similar to gain new customers? It may be blunt, but that is what you are doing. The TM holder could have a good case against you since you are using thier name. He does have every right to enforce his rights. What surprises me is you had nothing in writing.