Business Name Question for all you lawyers out there....

[Cats Cats Cats]

I have an LLC I created in Oklahoma and have been selling on Amazon.com as lets say X LLC.  The website for X.com is currently being held by a defunct company until next year (and then I hope they don't renew the domain).  There is some company in Florida who created a website called XOnline.com and is also selling on Amazon.com as XOnline .  I don't have a trademark and neither do they from my search.  If I trademark the main name I am assuming that simply adding a description like "Online" isn't enough differentiate two web companies and I could get them to stop using it?

Right now it isn't an issue but there are definitely going to be times that we are both selling the same item and our names will be right next to each other.

[cannon_fodder]

Just so you don't think I'm ignoring you . . . I'll answer with I don't know.  We need to get iplaw in here!  In my experience, he with the most money usually bosses the other guy around in trademark disputes.  It isn't only when it was/is registered, but when you started using it that can be at issue.  If you knew/know there is another company that brands itself as an online seller as "X" they could claim you merely adopted it in an attempt to gain from their reputation.  Que the legal battle the the fee$.

/not a trademark, patent or IP lawyer of kind.  Just my ramblings.  Sorry, but I'm not familiar enough on this issue to give advice, but I didn't want you to think I was ignoring you.

[Cats Cats Cats]

Thanks for replying...  I figure a strongly worded letter from a lawyer would probably do the trick.  I want to make sure i trademark or take whatever action I need to before I lay out my hand.  The guy has been using the name for 2 months, I have been using the name for 3 years and I have had a LLC for 1.5 years with the name on it.

I can't believe the guy is trying this crap.

[Conan71]

Thanks for replying...  I figure a strongly worded letter from a lawyer would probably do the trick.  I want to make sure i trademark or take whatever action I need to before I lay out my hand.  The guy has been using the name for 2 months, I have been using the name for 3 years and I have had a LLC for 1.5 years with the name on it.

I can't believe the guy is trying this crap.

Believe it.  Someone else will always try to glom onto your success.