Another company has my name

[Toneyz]

That's why they say on Watchdog/rouge traders ''not to be confused with companies with a similar /same name''.

 

[Octopus]

Which is the context of sole trader & limited company. Sole trader can have exactly the same name, as long as its not in the same locality.

Which are you OP?

u

Not sure I agree with the sole trader bit .... There is no register....

 

[Midwest]

u

Not sure I agree with the sole trader bit .... There is no register....

Tis what I'm saying, although you have to register your trading name with HMRC.

 

[TFGtv]

Actually guys, sorry... But this CAN be quite a serious can of worms!

If the other company (or individual) has been trading longer THEY have the right to the 'brand'; it's that simple. - And it's bolstered/evidenced by the fact they're registered at companies house.

There is NO register of business names in the UK - however the use of a business name is governed by Part 41 of the Companies Act 2006 and The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) regulations 2015 (SI 2015/17).

Business names are automatically protected under the law of ‘passing off’. A court can order you to stop, and to compensate the owner of the same or a similar business name for any loss they have suffered, if

• they are already using the name that you want, or one like it
• the name has developed a reputation in the marketplace, so goodwill is attached to it
• consumers are misled (or might be misled) into thinking that you are the same business (ie you are ‘passing off’ your goods or services as being connected)

If you are both in the same industry sector, or trade in the same geographic area, you are at greater risk of a passing off action.

If the other business has registered the name you want, or one like it it's in an even stronger position if you are using the name in relation to similar goods and services. In these circumstances there is no need to prove anyone is likely to be misled.

To put the tin hat on it... If there is a design element in a name, like a logo or graphic, it may be a ‘literary creation’ and therefore automatically protected under copyright law, too. The other business can take you to court for infringing their copyright if you intentionally copy it, or a significant part of it. If you use it on your goods you can be forced to stop, hand them over, pay damages and account for profits you have made. Depending on the circumstances, it may also be a criminal offence.

How do I know this? Well primarily my own business services the marketing and PR 'trade'; I also lectured for a dozen years in TV production with Entrepreneurial Skills and Media Law as two of my specialties... I've also had to 'go to bat' to protect a couple of my own 'brands'; and got as far as the front door of the court with it... This is no fun.

The O/P 'might' be 'OK' as he's spoken to the MD of the LTD company; just remember the old adage about a verbal contract not being worth the paper it's written on though!

Then there is the fact that from a PR and marketing perspective having a confusing trading name is, frankly, a bit naff.

Get some proper legal advice on this; it might cost you a few quid now but better that than a fortune later.

 

[1Justin]

Which of you holds the URL? That one holds the best cards. (Disregarding issues of limited status names which are protected)

 

[TFGtv]

I'm afraid that's simply not the case Justin... The court will make its decision based on evidence of use in trade - something that may well precede the very existence or URLs! - With that said, if you were choosing a trade name these days one of the first steps to take is to make sure you can get the .com clean and clear.

 

[1Justin]

Yes, I guess that's the case. Hmm.

But on a note to anyone else looking at potential URL's. I'm convinced that there is an army of "bots" working on behalf of those companies which buy and own (for sale) URL's of potential businesses.
I think it's like airline tickets. Beware of using sites to look-up whether URL's are available. Do research before hitting these sites, and when you do, be ready with your credit card immediately to snap it up on first visit. - If you go back later, you might mysteriously find it unavailable, - and that won't be coincidence!

 

[TFGtv]

- The best 'search' technique is simply to type your proposed URL into your browser; if it's 'not found' then do the search with your favourite broker. And yes, if you have an idea for a brand, see if the .com and the .co.uk is available and just buy it there and there. Some time down the line it might just help you evidence 'first use'.

Registering the name as LTD and just keeping it 'dormant' (dormant accounts aren't hard to file, and it's only £13/year for the confirmation statement) can also be useful evidence; additionally, if you are 'crossed' you can have the LTD do the suing - ring fencing your own assets and deflecting the risk.

You're right, for a good 20-0dd years now firms have been speculatively buying up 'good' URLs, and they flog them on at a price; if it's a 'new' brand and you're hell-bent on having it all you can do is pay them. - Having said that, there are rules and laws about 'cybersquatting' too; so if somebody has bought a URL relating to a brand that IS already 'yours' it can be claimed back. - Not easy quick or cheap though.

 

[Toneyz]

- The best 'search' technique is simply to type your proposed URL into your browser; if it's 'not found' then do the search with your favourite broker. And yes, if you have an idea for a brand, see if the .com and the .co.uk is available and just buy it there and there. Some time down the line it might just help you evidence 'first use'.

Registering the name as LTD and just keeping it 'dormant' (dormant accounts aren't hard to file, and it's only £13/year for the confirmation statement) can also be useful evidence; additionally, if you are 'crossed' you can have the LTD do the suing - ring fencing your own assets and deflecting the risk.

You're right, for a good 20-0dd years now firms have been speculatively buying up 'good' URLs, and they flog them on at a price; if it's a 'new' brand and you're hell-bent on having it all you can do is pay them. - Having said that, there are rules and laws about 'cybersquatting' too; so if somebody has bought a URL relating to a brand that IS already 'yours' it can be claimed back. - Not easy quick or cheap though.

This reminds me when ATV had to form a new company to get the Midlands ITV licence to broadcast someone went about buying all the company names with Central in it in the hope that the they could sell it at a fortune to the company however it backfired when they chose Central Independent Television Ltd.

 

[TFGtv]

Back in the late 90s/early 2000s there was a lot of that sort of thing around.... Scottish Television (STV) doesn't have STV.com for example... It belongs to some sort of investment company; and they've spent years promoting (the IMHO clumsy) stv.tv

I think most of the old independents are now directing to some branch of ITV.com or another... And IIRC there was some debacle over that back in the day. Not sure if they coughed up or took it to the judge.

 

[coolsparx]

I had almost exactly the same situation, when I set up I did all the usual searches etc, but didn't come up with anything. I received an email out of the blue after trading for 2 years, I was x Electrical Solutions & he was x Electrical. I am a sole trader & I think he was too, but he claimed to have been trading first so asked me to change my name, naturally I went into a worrying panic too.

However my situation was different in that the other guy was only about 20 miles away, so I replied to his email & asked to meet up for a coffee. At our meeting, I agreed to change my name if he agreed to help pay for my branding changes, which he did.

Six years on, it seems like a distant memory.