I just launched a blog not too long ago. We created a logo that we are very proud of. We have been active since January 1, this year. A popular (adult) website has started using a strikingly similar concept in their logo, where they fix certain items to letters in the image. (I'm not sure how much detail I'm supposed to be going into). We are currently raising money to increase our advertising efforts. Now that this website is using a similar logo, we're concerned that if we start placing our logo on t-shirts and stickers, people will be confused (or think we ripped off the porn site). We fear this could be detrimental to our business if we want to make this a long term commitment.
Our logo is not a registered trademark, but we have notified the viewers by placing a TM next to it. We feel we have sufficient proof of first use. We probably have enough money to register the trademark, but not enough to take anyone to court.
My question is, should we pursue registration? should we send a cease-and-desist? should we just give up and be trampled on by the porn industry?
Thank you for your time,