You're absolutely right. I don't contest that we are infringing.
For the record, we didn't know anything about his business when we chose our name. We merely saw that 'companyname.com' was taken but not used. We assumed (you know what they say about assumptions) that meant we could go with 'mycompanyname.com' and be fine. Had we known about his trademarked business beforehand, we wouldn't have done so.
Thank you for shedding more light on the trademark situation.
This is not legal advice, just common sense: be careful what you admit online! In some cases, willful use of someone's trademark may entitle them to punitive damages or lost profits.
I didn't know that I was infringing until he notified me. But after doing the research, I am quite certain that I am. I definitely plan on making the necessary adjustments.
For the record, we didn't know anything about his business when we chose our name. We merely saw that 'companyname.com' was taken but not used. We assumed (you know what they say about assumptions) that meant we could go with 'mycompanyname.com' and be fine. Had we known about his trademarked business beforehand, we wouldn't have done so.
Thank you for shedding more light on the trademark situation.