I haven't decided to throw in the towel, but I've nearly run out of cash and my cofounder is not around to help.
You're right though, I should continue fighting to make it happen. Spend a few weeks to change our name, forget about the printed materials, and keep working to see if there are legs.
If I were to succeed, how would you (or other HNers) approach the issue with a cofounder, given that he will have not been involved in the additional push?
One thing I've learnt is that there is always room for negotiation. Call the other business owner and come up with a time-frame to rebrand your company. Get him to agree with that time-frame and move on.
That way you could use the remaining cash for a customer push and replenish your cash reserve at the same time. Prepare your rebranding peacefully and if you actually run out of cash, you won't have to rebrand (in some countries, this is costly).
Another thing: contact the ___domain squatter of the other brand. Ask him how much he wants for the ___domain. If you run out of Cash, consider selling your ___domain to the other business owner for half the price. Heck, you could even sell your website and design.
Also, making a polite agreement with the other business owner doesn't cost him anything. Potentially having to sue you does. This means that provided you can convince him of your good faith, giving you long enough to rebrand is probably in his best interests.
And, hell, it requires ... a phone call. No harm trying.
I haven't decided to throw in the towel, but I've nearly run out of cash and my cofounder is not around to help.
You're right though, I should continue fighting to make it happen. Spend a few weeks to change our name, forget about the printed materials, and keep working to see if there are legs.
If I were to succeed, how would you (or other HNers) approach the issue with a cofounder, given that he will have not been involved in the additional push?