trading name dispute

[Canute]

Hi

I tried to hijack the thread a week or so ago about domain names, but guess I should have been smarter.

So here is the situation and I'm hoping there is a simple solution.

I own an Ltd company.

There is a sole trader operating using the same company name as mine, he is even using the .ltd domain and has my company name inc the Ltd bit in his logo even though he is not an Ltd company.

We are a nationwide company providing very similar services.

I'm concerned his use of the name, logo, and domain name could lead to confusion with my customers.

Not only that, I would have thought it pretty dodgy to be posing as an Ltd company when you are not!

Any thoughts on what I can do without dragging things to a solicitor?

Thanks

Edited by Canute on Friday 10th May 12:01

[300bhp/ton]

Canute said:

Any thoughts on what I can do without dragging things to a solicitor?

Thanks

Edited by Canute on Friday 10th May 12:01

Why don't you want to involve a solicitor?

The obvious first step could be to try getting into contact with the person in question to discuss, either over the phone or via a letter. However legal representation might still be better.

[Canute]

300bhp/ton said:

Why don't you want to involve a solicitor?

That costs £££

[Sixpackpert]

Canute said:

300bhp/ton said:

Why don't you want to involve a solicitor?

That costs £££

Have you not budgeted for legal expenditure?

Solicitor is the only way if they ignore a letter from yourselves.

The cost of an intitial letter won't be high and should be enough to scare them into action.

[Canute]

If I really have to go down that route I will.

I was wondering as they are operating as an Ltd company when they are not whether it's a matter for me or perhaps Companies House?

Should I just send them a letter pointing out the facts and ask them to change what they are doing?

[anonymous-user]

Who started using the disputed name first?

[DSLiverpool]

I thought you couldn't register LTD domains unless bought by the LTD company

[Beetnik]

DSLiverpool said:

I thought you couldn't register LTD domains unless bought by the LTD company

Not the case.

[Canute]

JPJPJP said:

Who started using the disputed name first?

No idea, a bit tricky as he is a sole trader pretending to be an Ltd - no info on companies house about him.

I managed to get through to someone at companies house late this afternoon and they told me that any UK business that is trading in the UK that isn't an Ltd company cannot use the word Company / Ltd / Limited anywhere near their trading name and they would pursue such persons aggressively!

So I guess there we have it, folks.

Thanks

[anonymous-user]

Companies house’s definition of aggressively might be different from yours, particularly if yours involves acting quickly...

If the .ltd domain was registered later than your ltd co was formed and/or your similar domain was registered, your case is probably quite strong and it could be worth throwing a cease and desist letter or similar at it

[Canute]

JPJPJP said:

Companies house’s definition of aggressively might be different from yours, particularly if yours involves acting quickly...

If the .ltd domain was registered later than your ltd co was formed and/or your similar domain was registered, your case is probably quite strong and it could be worth throwing a cease and desist letter or similar at it

Not so fussed about the domain, he won't rank for the stuff we care about. ;-)

But, it's not cool that he is pretending to be a Ltd company with the same name as mine when he isn't.

[wheelerc]

DSLiverpool said:

I thought you couldn't register LTD domains unless bought by the LTD company

ltd.uk are restricted, .ltd are not unfortunately