This is not us....

[sportsandclassic]

I have had a number of emails from customers saying that they have seen another company and wondered if we had set up another division of sports and classic ltd in the southern region....well we have not.

This company seems to of been in business since 1991 as mercury cars but recently started another company specializing in Porsche cars... http://www.mercurysportsandclassic.co.uk/contact-u...

Thought it was worth a mention just to clear up the confusion.

Mike

[mountainreef]

They are an indy porsche service centre in Shenfield, Essex I thought?

[dadofbud]

And there's no such think and bad publicity

[anonymous-user]

sportsandclassic said:

I have had a number of emails from customers saying that they have seen another company and wondered if we had set up another division of sports and classic ltd in the southern region....well we have not.

This company seems to of been in business since 1991 as mercury cars but recently started another company specializing in Porsche cars... http://www.mercurysportsandclassic.co.uk/contact-u...

Thought it was worth a mention just to clear up the confusion.

Mike

You might want to contact your local solicitors and ask them about an injunction to restrain passing off.

[BubblesNW]

Definitely not the Sports and Classic I know. They have a reception area, comfy chairs, coffee ...
Prices probably reflect this as well.

Hope you get it sorted Mike.

[Lightningman]

Greg66 said:

You might want to contact your local solicitors and ask them about an injunction to restrain passing off.

Unless Mike's company is registered in the UK as Sports and Classic Limited and the other company are trading under the identical name, I believe there are no grounds for passing off. Furthermore, Sports and Classic are challenging words to lay claim to within the motor trade (for obvious reasons); therefore, again, unless Mike owns the LTD and the other company are calling themselves by the same name (simply Sports and Classic rather than ABC Sports and Classics) it wouldn't be a passing off case IMHO.

[mountainreef]

They are an engine tuning, servicing centre. I have used them to get an engine code for me.

Can't see how they are passing anything off? It quite clearly says MERCURY before the sports and classic?

Obviously if they have stolen your domain name, Ltd name and are selling cars like yourself then it's another matter but to my knowledge they are a tuning / service / repairs centre?

[anonymous-user]

Lightningman said:

Unless Mike's company is registered in the UK as Sports and Classic Limited and the other company are trading under the identical name, I believe there are no grounds for passing off. Furthermore, Sports and Classic are challenging words to lay claim to within the motor trade (for obvious reasons); therefore, again, unless Mike owns the LTD and the other company are calling themselves by the same name (simply Sports and Classic rather than ABC Sports and Classics) it wouldn't be a passing off case IMHO.

Err, no. Passing off is nothing to do with registering company names, nor does it require the use of an identical name. Mike is best off speaking to a practising lawyer who knows something about this field.

[Lightningman]

Greg66 said:

Err, no. Passing off is nothing to do with registering company names, nor does it require the use of an identical name. Mike is best off speaking to a practising lawyer who knows something about this field.

Err, yes; in my experience.

However, Greg, as you are obviously an expert in this field, please feel free to extrapolate, with facts, as to how easy it will be to stop Mercury Sport and Classic from using the name that Mike uses, Sport and Classic. I am all ears and expect he'd appreciate the free advice.

[911god]

mountainreef said:

They are an indy porsche service centre in Shenfield, Essex I thought?

They are not in Shenfield but in Hutton which is close by. Have used them for a big service on my 993 and all went well.

[Phooey]

I think what would piss me off - if i was Mike... is if you Google porsche sports and classic (try it) someone could easily mistake the Mercury link for Mikes. Possibly the reason why businesses like Mercury copy the name of another established / successful company. Free advertising at the expense of someone else's hard work. Shame really and hope Mercury do the decent thing.

[anonymous-user]

Lightningman said:

Err, yes; in my experience.

However, Greg, as you are obviously an expert in this field, please feel free to extrapolate, with facts, as to how easy it will be to stop Mercury Sport and Classic from using the name that Mike uses, Sport and Classic. I am all ears and expect he'd appreciate the free advice.

There's no need to get arsey. Your experience doesn't accord with principle or authority. If you've had a bad experience running a passing off claim, that is unfortunate. But I hardly think it is sensible to suggest that an account of your experience should stand as a substitute for Mike getting legal advice (if that is what he wishes).

[Lightningman]

Greg66 said:

There's no need to get arsey. Your experience doesn't accord with principle or authority. If you've had a bad experience running a passing off claim, that is unfortunate. But I hardly think it is sensible to suggest that an account of your experience should stand as a substitute for Mike getting legal advice (if that is what he wishes).

Starting a response with "Err, no" is "arsey" in my opinion.

Not once did I state that Mike should not take proper legal advice (in fact, you'll note that I stated: "in my humble opinion" and "in my experience"; not once did I state that my comments were fact (factual in my experience but not definitive on the issue). As for myself and my experience, yes, I did take 'expert' legal council and their view was that (and as with most things judicial) cases are never as cut and dry as many would lead you to believe.

Edited by Lightningman on Thursday 19th July 20:51

[anniesdad]

It sounds to me like Mike's not all that bothered about getting legal on their ass...they are after all based in the South.

He wrote that he just wanted to clear up some confusion.