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business law, urgent help needed please

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  • 28-11-2011 10:19pm
    #1
    Closed Accounts Posts: 2


    hi,would really appreciate some advice on this matter if anyone can help. I own a business (sole trader), i registered a .ie domain name in 2008 and the business name in 2011 with the CRO when i commenced trading.
    A few days ago i received a cease and desist letter from a solicitors firm telling me that my business name is too similar to theirs and they want me to 1-cease trading under this name by this thurs(1wk notice). 2 transfer ownership of both the domain and business name to them immediately. 3 pay for their legal costs to date. Or they will file highcourt proceedings against me.
    in the letter they mention that my business name is not registered however this is incorrect, it is in fact registered.
    They also say i am in breach of trademark and sent me a copy of their trade mark cert. this is dated 2009, after i obtained my domain name. in the cert there is no mention of my profession/trade for which they have an issue with.
    I have seen plenty of other businesses with similar naming for example prospectmotors and prospectautos. the only difference is that my business is called something other than prospect & isnt in the auto industry. Im sure you can appreciate i dont want to give the actual names at this point.
    Does anyone know where i stand on this matter.
    any help would be greatly appreciated, as you can imagine i am a start up business and cant really afford a solicitor.

    Many thanks.


Comments

  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    Are the Solicitors acting for themselves or for a client ?


  • Registered Users Posts: 20,397 ✭✭✭✭FreudianSlippers


    No legal advice as per charter.


This discussion has been closed.
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