Originally posted by WWAtty
<br />There may be some trademark issues here. While the term "penturners" is quite generic and descriptive (the most difficult to assert trademark rights to), nevertheless, penturners.org has been established for several years, and the name may have taken on "secondary meaning." In other words, in the minds of a large number of people in the woodworking/pen interests, "penturners" invokes reference to this site.
The fact that another person has used a substantially similar term for marketing pens could give rise to an issue of "likelihood of confusion," in that an unknowing visitor to penturner might assume a connection to penturners. The low-quality pens displayed for sale on penturner, along with the poor photography, could thus create an unfavorable opinion of our site in the minds of those who mistakenly make a connection.
http://en.wikipedia.org/wiki/United_States_trademark_law
Meanwhile, the owners of this site might want to consider adding a subscript TM to the penturners logo. This helps further establish an unregistered trademark's use in a "normal course of business." The circle-R is only allowed for trademarks that have been registered with the USPTO.
Cheers.