Hi i seem to have a big problem with another site or they have a problem me either way, i am not sure what to do yfs said i should email the customers back when i get an email and explain to them what as happened. The problem is my site is getting confused with another site called bidup.tv, i am getting there customers emailing me, and also i have had about 6 telephone calls today from unhappy customers, about there service each time i have said you have the wrong auction site my site is bidup.org and not bidup.tv. Also 2 customer have give me a month full until i said its the wrong site and they sent apologies Want i need to do is contact bidup.tv and tell them about this problem, is this a good thing or bad thing or will i get a law suit against me as i have not really done anything wrong I just need to cover my back.
If you are talking about a tradename infringement, then the first person to use the name has the rights to it. It doesn't matter if they filed for a trademark - but it makes their case easier if they did - as well as increases the legal damages. If someone goes out and registers a domain name that is the same or even similar to a tradename, then they are exposed to treble damages because the courts feel it is pretty easy to do a "registered" trademark search. Who used the "bidup" name first? Is is a registered tradename/trademark? Are the services of the two similar? I don't see any good coming from contacting the other party unless you have the rights to the name and want to go after them to get them to give up the name. Telling them you are being confused with them is admitting you knew there was confusion.
If i'm not mistaken, bidup.tv are a very large shopping channel on cable tv? This would definitly cause a fuss if you contact them directly. I would ensure you were the one with the rights to the name/domain first. Perhaps a disclaimer or message on your site stating you have no affiliation might help? Good luck with it all.