Sole Trader using a name similar to that of an Ltd
Sole Trader using a name similar to that of an Ltd
Author
Discussion

fellatthefirst

Original Poster:

622 posts

186 months

Wednesday 18th February 2015
quotequote all
My friend is a plumber. He is a sole trader.

He is looking to change his current business name into something else. I wont say the name exactly but he has bought the .com and .co.uk domains for it and it is along the lines of our home city followed by plumbing and heating, so lets say "London City Plumbing & Heating".

The only issue is that we are aware of another established limited company with a very similar name along the lines of "London Plumbing & Heating".

So the only difference is the "City" bit. Are any of you PHer's aware if this will cause any problems/passing off issues?


Simpo Two

93,053 posts

296 months

Wednesday 18th February 2015
quotequote all
My amateur thought is 'yes', as it's likely to cause confusion and the incumbent might start writing him letters. It's not illegal as such though.

IATM

3,948 posts

178 months

Thursday 19th February 2015
quotequote all
It's not worth the hassle really unless your friend is looking to piggy back off the companies reputation.

In saying that it works both ways. That company might be rubbish and your friend could loss business because people think they are part of the same company.

Best to have something totally different

StevieBee

15,464 posts

286 months

Thursday 19th February 2015
quotequote all
Even if he has a logo and branding designed not to resemble in any way the other company, he could still be looking at a legal issue around Passing Off. The other company may or may not win such action but would your friend want the hassle and cost of a legal case hanging around during the start up phase of the business?