Talk to a trademark lawyer. Have them send a cease and desist and file for a trademark registration with USPTO.
If you don't actively defend your trademark you risk losing your rights. You wouldn't want to get into a position where YOU have to change your brand name. Additionally, if you ever plan on selling your business, having a strong mark (registered, successfully defended, etc) will help your valuation.
DM me for an introduction to a really good TM lawyer I've worked with many times before.
Also, start collecting all "evidence" you have of customer confusion. When someone emails you but it's really about the other Prototypr, save those emails! Also reply asking for confirmation that they meant the other site.
All of this will be useful when you take legal action.
Thanks Marc, all the extra info is really useful. I don't know much about TMs but I did register a UK trademark - not sure if that carries any weight anywhere else though.
I'd really appreciate the intro to the TM laywer and will drop you a message!
Talk to a trademark lawyer. Have them send a cease and desist and file for a trademark registration with USPTO.
If you don't actively defend your trademark you risk losing your rights. You wouldn't want to get into a position where YOU have to change your brand name. Additionally, if you ever plan on selling your business, having a strong mark (registered, successfully defended, etc) will help your valuation.
DM me for an introduction to a really good TM lawyer I've worked with many times before.
Also, start collecting all "evidence" you have of customer confusion. When someone emails you but it's really about the other Prototypr, save those emails! Also reply asking for confirmation that they meant the other site.
All of this will be useful when you take legal action.
Thanks Marc, all the extra info is really useful. I don't know much about TMs but I did register a UK trademark - not sure if that carries any weight anywhere else though.
I'd really appreciate the intro to the TM laywer and will drop you a message!