Anyone know a good lawyer? Company name stolen.
Discussion
Asking for a friend
Company A set up 2008 - successful, well established with many clients, in a business where reputation and word of mouth is vital and hard earned. (This is friends company)
Company B set up may 2016 as "[comapny A's name] .info" (literally just added .info to A's)
Company B offers exactly the same services as company A, same sector which is quite specialised. There is no way this is an honest mistake...
Oh, and they are in exactly the same town.
Just to add a small twist both companies directors know each other, so B's director definitely knew A's business existed, if that matters at all.
For me it's a clear case of "passing off" but what are there first steps? In with the lawyers? Polite email?
Where to start, what to expect and what should be done to protect company A is my question.
Thanks in advance guys
Company A set up 2008 - successful, well established with many clients, in a business where reputation and word of mouth is vital and hard earned. (This is friends company)
Company B set up may 2016 as "[comapny A's name] .info" (literally just added .info to A's)
Company B offers exactly the same services as company A, same sector which is quite specialised. There is no way this is an honest mistake...
Oh, and they are in exactly the same town.
Just to add a small twist both companies directors know each other, so B's director definitely knew A's business existed, if that matters at all.
For me it's a clear case of "passing off" but what are there first steps? In with the lawyers? Polite email?
Where to start, what to expect and what should be done to protect company A is my question.
Thanks in advance guys
sherbertdip said:
If the directors know each other have they had a nice lunch and discussed it, or is "director" a bit of a misnomer and they are in effect one man bands?
Thanks for the reply,My friend found out last night, so he is literally at square one here.
I'm not entirely sure what you're asking in the second part of your reply, but Company A employs four staff as well as himself being a "hands on" owner.
I have no idea about B but I'd guess he's a one man band, the company has only been in existence for a couple of months.
thatsprettyshady said:
Asking for a friend
Company A set up 2008 - successful, well established with many clients, in a business where reputation and word of mouth is vital and hard earned. (This is friends company)
Company B set up may 2016 as "[comapny A's name] .info" (literally just added .info to A's)
Company B offers exactly the same services as company A, same sector which is quite specialised. There is no way this is an honest mistake...
Oh, and they are in exactly the same town.
Just to add a small twist both companies directors know each other, so B's director definitely knew A's business existed, if that matters at all.
For me it's a clear case of "passing off" but what are there first steps? In with the lawyers? Polite email?
Where to start, what to expect and what should be done to protect company A is my question.
Thanks in advance guys
Having a similar registered company name is not passing off. They are passing off if they are actually trying to make others believe they are in fact company A.Company A set up 2008 - successful, well established with many clients, in a business where reputation and word of mouth is vital and hard earned. (This is friends company)
Company B set up may 2016 as "[comapny A's name] .info" (literally just added .info to A's)
Company B offers exactly the same services as company A, same sector which is quite specialised. There is no way this is an honest mistake...
Oh, and they are in exactly the same town.
Just to add a small twist both companies directors know each other, so B's director definitely knew A's business existed, if that matters at all.
For me it's a clear case of "passing off" but what are there first steps? In with the lawyers? Polite email?
Where to start, what to expect and what should be done to protect company A is my question.
Thanks in advance guys
When I owned a successful telecoms firm we had two instances of others trying to pass off. Bizarrely one of them was using OUR web address on its business cards, so all their online enquiries came to us!
thatsprettyshady said:
Asking for a friend
Company A set up 2008 - successful, well established with many clients, in a business where reputation and word of mouth is vital and hard earned. (This is friends company)
Company B set up may 2016 as "[comapny A's name] .info" (literally just added .info to A's)
So Co.B have bought a domain name that Co.A didn't think they needed to register?Company A set up 2008 - successful, well established with many clients, in a business where reputation and word of mouth is vital and hard earned. (This is friends company)
Company B set up may 2016 as "[comapny A's name] .info" (literally just added .info to A's)
That's it?
No trademark registrations involved?
TooMany2cvs said:
So Co.B have bought a domain name that Co.A didn't think they needed to register?
That's it?
No trademark registrations involved?
Co.B Have registered at companies house as [company A's trading name].info and are trading in the same town, with their website showing the same name as co.AThat's it?
No trademark registrations involved?
For example, imagine I registered my car hire business as "enterprise car hire.info" and when you went to my website or saw any adverts the stated name is "enterprise car hire"
thatsprettyshady]Co.B Have registered at companies house as [company A's trading name said:
.info
So Co.B are "whatevername.info Ltd", while Co.A is not actually incorporated, and just use it as a trading name? Or are they "whatevername Ltd"?Co.A didn't register whatevername.info as a domain, and Co.B have done?
TooMany2cvs said:
So Co.B are "whatevername.info Ltd", while Co.A is not actually incorporated, and just use it as a trading name? Or are they "whatevername Ltd"?
Co.A didn't register whatevername.info as a domain, and Co.B have done?
co.A are a Ltd co, yes.- Sorry forgot to include that! They trade under whatevername and are registered at co.house as whatevername Ltd, no other companies linked at all. Co.A didn't register whatevername.info as a domain, and Co.B have done?
Co.A didn't register the .info domain, but owns (and uses) the .co.uk + .com domain.
As a side note, when checking the WHOIS on co.B's .info domain they have stated their company name is co.A's (without the info)
I must admit I'm not familiar with the ins and outs of running/starting a businesses, so sorry if I come across as a little "green". I'm trying to help my friend here, but the info I have is 100% correct, we're just not sure where to start!!
Thank you for all the help so far
IANAL, however if customers of B could be fooled into believing they were in fact dealing with company A, with B utilising the goodwill created by A, then there may be an action in passing off.
A would have to demonstrate the goodwill.
If found against, B would potentially have to account for profits made through the passing off.
If the damage caused is seriousand, ongoing and particularly if company B will be unlikely to afford to defend or pay for the damages, then an interim injunction could be used to pause the behaviour until the case could be heard at trial.
A would have to demonstrate the goodwill.
If found against, B would potentially have to account for profits made through the passing off.
If the damage caused is seriousand, ongoing and particularly if company B will be unlikely to afford to defend or pay for the damages, then an interim injunction could be used to pause the behaviour until the case could be heard at trial.
If your "friend" (it's always in quotation marks, isn't it?!) can wait a few months, and Company A's name is sufficiently distinctive, then I'd recommend obtaining a trade mark registration. As has been noted upthread, there are several requirements for proving passing off (requisite goodwill, a misrepresentation, and finally damage to the goodwill). In my experience having a valid trade mark registration makes this sort of thing all a lot simpler, and is an asset that Company A can rely on in the future.
If it can't wait, then a nasty letter may do the trick, but I rarely recommend writing them unless you're really up for going the distance (unless you know the other party is in a much, much weaker position, and professional advice for them would be to keel over - on this occasion the flagrancy suggests they'd be willing to chance calling your bluff).
IAALBIANYL etc. I'm in Dorset so a bit away from the home counties, patently on here may be a little closer to home if you want local service.
If it can't wait, then a nasty letter may do the trick, but I rarely recommend writing them unless you're really up for going the distance (unless you know the other party is in a much, much weaker position, and professional advice for them would be to keel over - on this occasion the flagrancy suggests they'd be willing to chance calling your bluff).
IAALBIANYL etc. I'm in Dorset so a bit away from the home counties, patently on here may be a little closer to home if you want local service.
thatsprettyshady said:
Sorry for lack of replies from me on this, everybody's input so far is valued but something else has happened which means this issue has to currently take a back seat.
Thanks
Great, fine. You may or may not be bothered to update those who took time & trouble to offer advice.Thanks
Cyberprog said:
You might want to pull that and digitally obscure it. I can read the bits you've attempted to blank out.
Not to worry,that was eight years ago and both companies have since ceased trading and the premises are all changed.Those cowboys did a runner owing money.I have now retired a happy man,glad to be out of all the hassle and responsibility.
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