Help!

So I’m in a little bit of a bind. The t-shirt company that a friend and I own just received an email saying that they already had the same name as us and that they have a myspace. He also said they had been around since 2006, where as we started the company in early 2008. He never said that he wanted us to take our stuff down, but he wanted me to know about it and I would imagine that’ll be what he asks next.

Also, they only have like 2000 views on their page in the last three years, and they have a total of three comments. In addition, their shirts are all really cheap looking gangster designs. They all appears to be made with gun brushes. What can I do to assure that I don’t have to change the name of my company. We are actually experiencing mild success and these guys appear to be going no where. I’m just frustrated. Any advice would be greatly appreciated.

1. 

   valorandvellum said about 1 month ago

   Did they copyright the name? Doesn’t seem like they’re too serious so maybe the haven’t.

2. 

   DrewGliever said about 1 month ago

   the way it sounds, he probably hasn’t copyrighted the name

   so GO GO GO copyright it!

3. 

   samlindstrom said about 1 month ago

   Um, I’m really not sure, though I would doubt it. I have not emailed him back yet. I need to be sure I dont say something back that would screw me over.

4. 

   Joey said about 1 month ago

   dont get shot with gun brushes!

5. 

   Robmcbride said about 1 month ago

   valorandvellum said: Did they copyright the name? Doesn’t seem like they’re too serious so maybe the haven’t.

   If they’ve got no copyright.. Send 'em packing. They’re clearly not doing anything big with it, so I wouldn’t worry.

6. 

   dylanmaker. said about 1 month ago

   if i were you, since your company seems to be going somewhere then i wouldnt think anything of it. besides, since it sounds like theyre not really a success at all, whos really going to get you and them mixed up?

7. 

   Joey said about 1 month ago
   famous stars and straps

   edit: litoq asked the name of the company. this used to be semi-funny but then he erased his comment

8. 

   faithbydesign said about 1 month ago

   You need to register your company with a fictitious business name with the country registrar. If no one has that name you’re good to go. Get legit so you can also start writing stuff off and be legitimate early on.

9. 

   LitoQ said about 1 month ago

   according to http://cocatalog.loc.gov/ no ones copywritten "Prime Suspect Clothing"

   I say do it before they do

10. 

    samlindstrom said about 1 month ago

    faithbydesign said: You need to register your company with a fictitious business name with the country registrar. If no one has that name you’re good to go. Get legit so you can also start writing stuff off and be legitimate early on.

    How would I go about doing this?

11. 

    Oo Lori oO said about 1 month ago

    I could be wrong but I think it doesn’t matter if they are unsuccessful or making millions. If they have the name and are operating under it you could run into a little trouble. Most likely if he is sending you an email it means he’s keeping an eye on your business. Just be smart and protect yourself.

12. 

    faithbydesign said about 1 month ago

    samlindstrom said:

    faithbydesign said: You need to register your company with a fictitious business name with the country registrar. If no one has that name you’re good to go. Get legit so you can also start writing stuff off and be legitimate early on.

    How would I go about doing this?

    You need to look up the county registrar withing your city. You go down to their office, look up to see if that fictitious business name is taken. If it isn’t, then you registar the name with them (in san diego this cost $15.00) You then have to advertise your new business in a local newspaper for a month. That will cost you anywhere between 7.00-30.00 (tons of little newspapers will mail you.)

    From there, depending on your state/location of business you will have to pay for a business license/business tax. Since you’re selling goods this will be a longer process for you because you will probably need a wholesaler’s permit and retail license.

    All a process, but pretty easy.

13. 

    gagemaul said about 1 month ago

    Yes, this is a mess, and it is extremely frustrating that their business seems like a joke, and it could potentially be very harmful to us. We would like to know the best route to take legally so we don’t get screwed over. Thanks to everyone who’s been giving us advice thus far, it’s very encouraging.

14. 

    Simply Complicated said about 1 month ago

    this is what happened to meeeeeeeeeeeee except mine was with a HUGE company that I didn’t know about ha

15. 

    levi! said about 1 month ago

    copyright brother
    then laugh at them

16. 

    Beautiful Republic said about 1 month ago

    Dude, I think your in the safe. They haven’t registered their name. Their clothes is meh! So go and register the name. They aren’t that serious about their company, if they haven’t already.

17. 

    gagemaul said about 1 month ago

    Another question... copyright or trademark?

18. 

    samlindstrom said about 1 month ago

    bump?

19. 

    awakendesigncompany said about 1 month ago

    i just got an email from someone who isn’t even a design company and they were like, hey can we please have your domain name?
    i just laughed and said no.

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