Bit of back story first. I searched, and found a name for a startup I did a few years ago. The domain was squatted, so I purchased it. I applied for a trademark on the name, and had a local ad agency come up with a really cool logo. I never filed a trademark on the logo itself, but the trademark on the name came back approved later and remains active today.

Over time, we changed the logo around a bit on the internal user specific pages of the site (like using it in a plain font format), but never stopped using the original logo on our business cards, stationary, and sections of the site like the about us page.

I "recently" discovered a company who's name and logo are shockingly similar to ours, and who has a VERY similar business. If I told you the name of our company, you'd probably be able to guess the other company's name as well. Without going into details, let me say the names are both short, and only differ by one letter. The "look" and sound of the changed letter is almost identical. If I showed you the logos, and how even the colors are the same, you'd know something was fishy.

I did a search on the trademark on their name, and it was applied for well after ours. Our first use in commerce date on the trademark search site precedes theirs by less than a year, but we were clearly using it well before they filed, or were awarded the trademark. Either way, our name trademark precedes theirs.

They have registered their logo, and have put several descriptive elements on the registration, like "letters 3 or more" and discussing the shape of the logo. I emailed the designer that did our logo and asked him when it was completed. This morning he replied with a date that is nearly 4 years older than the filing of the other company's logo.

It's simply not fair this other company has taken our name/logo and gone off and done business with it. They've launched multiple products which have eroded our ability to be recognizable in the space. I can't have conversations with people interested in our technology because they think somehow my company is this other company. The reason I'm now looking into trademark infringement is because it has become increasingly difficult to talk to anyone about my company without confusion ensuing.

I'm seeking legal assistance. I'll pull the trigger on it if I think I have a solid enough argument to approach these guys. They certainly aren't going to stop using the mark or name though, so I doubt it's an option to ask them to change their name. They are making north of 8 figures a year now, if that helps indicate the impossibility of them changing names.

Does anyone have an idea of other companies who have defended their brand against a larger company? What are the typical outcomes of these conversations? Do one-letter off names end up infringing if in the same space most of the time, or does it depend?

Thanks for listening!