I just googled for "Swift Mailer" and right up there on the first page, just under my own link comes this site:
http://www.swiftmailer.net/
This appears to be a new startup company for mass mailing and they are using my project's name. This project started in 2008 from what I can tell, yet mine began in 2005, at 3 years before them.
Now, I'm quite annoyed about this, but really, where do I stand? I don't care that this other company exists, but I do care that they're using my project's name, especially given the industry they're in. My concern is that I have no rights at all. Despite having copyright on my project, this is a "service" whereas mine is software. I don't know anything about trademark law but I do know that being a completely open source, free to use project I haven't paid for any trademark rights (not sure I could afford it). Still, is there not some kind of implied trademark?
All I want them to do is change their name so that my project's "established" name is not subject to anything this project decides to do, and so that potential users are not confused by this other project.
I'd like to contact them to file some kind of DMCA but kind of need to know more about my rights here.
That sucks