Legal advice long shot

[MarkF]

I have used a trading name for a number of years (and on a website too) that is very similar to that used by a large international corporation. I did not know that when I chose it, honestly, the LTD company name was also available at Companies House, so I own that too. The names are similar except for one letter, mine in fact, is spelt correctly and that is why I never picked up on the similar used name.

The corporation are utilising a very large firm of solicitors to hound me I know there is no point in arguing the toss, I cannot afford to, I'll have to remove the name from any websites and paperwork and never use it again. But.......I don't care It is only a tiny part of the business and brings in minimal cash, I'll do whatever it takes to make the problem "go away".

My issue is that they want me to change the name of the Ltd company too, why should I do that? It is mine, formed legitmately, it's dormant anyway, I don't want to do this. it seems wrong, any advice?

 

[ChrisKH]

Ask them to make an offer for the Limited company.

 

[johnnyh]

if Companies House agreed to the company name and you formed it under the relevant laws, then maybe it is you who have a case against this other mob?

 

[Cycling Naturalist]

if Companies House agreed to the company name and you formed it under the relevant laws, then maybe it is you who have a case against this other mob?

It's not quite as simple as that, but certainly Companies House shouldn't register a name which is too similar to another company. However, with a bit of astute handling the situation can be turned into profit.

 

[MarkF]

if Companies House agreed to the company name and you formed it under the relevant laws, then maybe it is you who have a case against this other mob?

I probably have but they are big, I am small, they can squish me by drawing out costly legal proceedings. I, they and their solicitors know that.

Ask them to make an offer for the Limited company.

Which is why I haven't done what Chris suggested although that was the first thing that came into my head.

 

[MarkF]

It's not quite as simple as that, but certainly Companies House shouldn't register a name which is too similar to another company. However, with a bit of astute handling the situation can be turned into profit.

Hello Patrick, they do not have a similar Ltd company name. They are a massive corporation (household name) and the similar name that they use is one that a particular range of their products is sold under, rather than being a company or trading name.

I should add that we are in the same business and that they are saying that I am profiting from "association". I am not, nobody could associate them with me or vice-versa but they mean business.

 

[Graham O]

Having been through the route of registered trademarks a couple of times in recent years, my knowledge is:

If you have traded under a name for a number of years then it is possible to claim ownership, although without registering it as a trademark, it is going to be difficult to win a legal case. If the large company are operating in the same business sector as yourself, then their lawyers are bigger than yours and unfortunately might = right.

Even if it is only one letter different, if it is not confusing to the customer and the customer is not tempted to buy your product when he thought he was buying the other compani's product, then you could still be treated as a separate identity.

The big company wants to protect it's brand name and it may just be easier to accept that. However, they may well bully you and will demand that you give an undertaking never to use your current name, to stop trading or whatever. If you have chosen your name honestly believing that no confusion would result, then you need do nothing more than stop using it. If you continue to use it, they may take legal action to prevent passing off. That is when it could get nasty and expensive.

With regards owning the company name, provided you do not trade under that name, and again run the risk of passing off, they have no rights to it. If they want it, they can buy it.

Of course I could be wrong.

 

[spandex]

There was a computer shop in York that had just the same thing with a mobile phone company that likes fruit as a name. They pushed and pushed until he just said pay me £***** to change the name and I will and then nothing more was heard until one day in the post was a big fat check for the sum he just made up.

It is worth a go?

 

[spandex]

P.S. That Computer shop was there since 1990 under the same name

 

[Mortiroloboy]

Sunday Bicycles had a similiar issue recently, and had to re-brand as Sabbath Bicycles!

 

[swee'pea99]

Sounds to me like they're just trying to bully you. Have you been along to your local citizen's advice bureau? You might well find a sympathetic lawyer who quite fancies mixing it with the bullies, if you have a case - and it sounds to me like you have. Worth finding out, I would have thought.

For starters, I wouldn't 'remove the name from any websites and paperwork and never use it again' - not till it's firmly established that you need to. I wouldn't do anything before taking (free) advice.

One crucial aspect is, as Graham says above, the likelihood of confusion (to consumers). If you're in completely different lines of business, as it sounds like you are, I don't think they've a leg to stand on.

They can't 'squish' you, and you don't need to run up legal fees. You may even be in a position to screw some money out of them - the fact that they're throwing their weight around the way they are suggests you've got them at least a little bit rattled.

The question really is, can you be bothered. Personally, I'd look into it. I don't like bullies.

 

[ComedyPilot]

Lets have some clues as to who they are?