Dear Ron:
Has your competitor been using the name Helicopter Helmets or did he register the name solely to redirect your internet traffic?
Thanks.
Mary
Mary, He is a distributor to us for a particular brand of helmet. Since we started doing business with them, we have blown them out of the water in sales and he has had issues with us, since he is also a retailer. He purchased the names soley to redirect my business to him when someone tries to write in our domain name.
We have had calls from our customers trying to reach us that when they type in www.helicopterhelmets.com it would go to their web site. te problem is that we are helicopterhelmet.com, (No "s") so it gets confusing. I will tell you that he is known for underhanded stuff like this, but we thought we could be careful and do business.
You can call me if you like. XXX XXX XXXX
Ron
Ron:
Unfortunately, we are not allowed to call our questioners.
The first issue is whether you have a formal trademark registration of your name. If you do not, you should apply for trademark protection ASAP. You apply at the US Office of Patents and Trademarks. I suggest that you use a trademark lawyer for your application, since you may be litigating this matter and you want you application expedited and without any errors. The trademark protection takes several months, usually. However, in some circumstances, you may sue with the registration pending.
I did search the data base at the USPTO, and there is no other "Helicopter Helmet" registered. (or Helmets). Do this NOW so that your competitor does not get there ahead of you.
The basic law is that the person who used the name first owns the name. Since your competitor has not used the name you have the exclusive rights to the name.
Since your competitor has used the name solely to steal your customers, you should be able to stop his use of the name. I have provided below a link to a site which is very helpful in describing your various remedies.
http://www.keytlaw.com/urls/acpa.htm#What%20is%20the%20ACPA?
Also, the USPTO link:
http://www.uspto.gov/index.html
Ron, i'm not sure why ICAAN said there is nothing you can do? Perhaps it is because you do not have the trademark registered?
Note that you can also register trademarks on a local (state by state) level and your enforcement of those rights would be in state, through a state action.
Sorry to say that it sounds like you need to retain a lawyer to resolve your issue. There are too many pitfalls in this type of situation. There are many lawyers who advertise online concerning domain name issues. Why don't you contact a few and price them out?
Does this help?
Lawyer
25 years in general practice including entertainment law