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A comment on Ask HN: Someone else made a "Pro" version of my app. What can I do about it?. Parent comment

Re:Ask HN: Someone else made a "Pro" version of my app. What... by brlewis on Thursday November 10, 2011 @12:20PM (#3220840)
IANAL either, but my understanding is that you have common-law trademark rights from the time you start using the name in interstate commerce, whether you add TM or not.
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Re:Ask HN: Someone else made a "Pro" version of my app. What... by rayiner on Thursday November 10, 2011 @03:09PM (#3221624)
This is correct.

It's easier to enforce a registered trademark, but common law trademark rights are all based on likelihood of confusion, which is present here.

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