Question about copyright/trademarks for name
 

I have run a mainstream design company since 2003 called Xcite Studios (sometimes one word, XciteStudios) through www.xcitestudios.com

When I ran a search for "xcite" on Google recently I found a new site started in 2005.. http://www.xcite.gr - their name is listed on the header as Xcite Graphics and Web Design studio, however the copyright at the very bottom of the page is "(c) xcite studios" and throughout their web site changes to XCITE and a few other variations.

Now my question is this. My company name is not a registered trademark or service mark, but has been used to promote a company for two years before this guy came about.. do I have any recourse in the situation?

Not sure about down in the U.S., but here in Canada - no.

That's what I figured.. I think I may just shoot them and their host a nice C&D email anyways, see if it gets any attention.

Worth a try. Run a good intimidating poker bluff...see if they fold.

You really need to ask a lawyer - do a free consultation with 3-4 of them and then decide if you have grounds to protect your name.

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C & D is about the best you can do with what you've described but they will most likely ignore you.