Trademarked word with another word question

[kiriakos]

Hi, I currently have a problem with the name of my company and i can't seem to find anywhere an answer.

So my problem is that i bought a domain name and made a logo with the same name as my domain, lets say for example that

my company name is: world sharez (i also made a logo)
and my domain name is: worldsharez.com

and am a company that sell videogames and art(paintings etc) through ecrater(an online website like ebay) but on my website(worldsharez.com) i only have my portfolio(i do not sell anything there).

then i see that on uspto.gov the word "sharez" and "sharez.com" are registered as trademarks and their company sells software for organizing music, games, comic etc.

Am i illegal? do i have the right to use the name "world sharez" and the domain "worldsharez.com" for my company?

 

[quincy]

What countries are we talking about here, kiriakos?

Is your company and the other company marketing products or services in the same country?

 

[kiriakos]

What countries are we talking about here, kiriakos?

Is your company and the other company marketing products or services in the same country?

Hi, it's worldwide, we do everything online and we send worlwide.

 

[justalayman]

so, do you believe a person might confuse your website or company name with sharez's site and company?

 

[kiriakos]

Hi justalayman,

Am from Cyprus if this matters and the other company from US but if we are both selling online i don't know if this matters.

basically am asking if it's legal for me to keep my company name(world sharez) and domain(worldsharez.com) and to continue my business
when the word "sharez" and "sharez.com" are trademarked from someone else.

the other company contact me a while ago and told me this:

"
If you do not act upon this email before Tuesday September 11, 12.00
hours Amsterdam time, we have no other option left than to seek legal
counsel to take your site, Facebook page and business name down.

With your business name **** you are in violation of our
trademark and we have to act upon it.
I strongly urge you to change your business name to something else,
NOT inflicting on our trademark or anyone else's trademark for that
matter.
Search the USPTO for active trademarks to prevent this happening again.
"

from what i learned so far as long as i am in a different "goods and services" category than the "sharez" company then i can legally have my "worldsharez" company...

 

[justalayman]

ok, since this it so time critical, let me ask you this;

do you believe the other company will take any legal action against you?

are they a company that appears to have considerable resources to take legal action against you?

do you have considerable resources to be able to defend your company?


what it can come down to isn't a matter of being legal but one of the giant being willing and able to simply stomp you into non-existence. Given the time issue, it might be in your best interest to temporarily suspend activity until you can get some specific legal guidance from somebody that can review all of the facts. If that source states you are legally in the clear and you are willing to defend your company, then go back to business. If that source suggests you acquiesce to the demand, even if they giant doesn't have a legal basis to their claim, then you might listen.

 

[kiriakos]

ok, since this it so time critical, let me ask you this;

do you believe the other company will take any legal action against you?

are they a company that appears to have considerable resources to take legal action against you?

do you have considerable resources to be able to defend your company?


what it can come down to isn't a matter of being legal but one of the giant being willing and able to simply stomp you into non-existence. Given the time issue, it might be in your best interest to temporarily suspend activity until you can get some specific legal guidance from somebody that can review all of the facts. If that source states you are legally in the clear and you are willing to defend your company, then go back to business. If that source suggests you acquiesce to the demand, even if they giant doesn't have a legal basis to their claim, then you might listen.

Well they might take legal action but if my company name etc is legal it doesn't makes any sense from them to take "legal" action.
i think that the company is quite strong, they have over 30000 likes on facebook.
I personally don't have the resources to defend my company.

I have already suspended my website.

thanks for the advise justalayman.