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Another company trading under my name

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  • 05-02-2016 4:29pm
    #1
    kayaksurfbum
    Registered Users Posts: 700 ✭✭✭


    Hi all.

    Just a quick one.

    My company have been trading under the same name for 32 years now. Well know brand in the local area.

    Anyway, a local guy(lives 5kms from my office) has started trading under the same name as me. I keep getting his calls as people are googling him and getting me.

    I called to him and he told me to my face that he would stop and it was only a temporary thing, but I am pretty sure he has no plans on stopping.

    Anyone else been in this situation? what did ye do?

    Thanks.


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  • Options
    #2
    bmwguy
    Closed Accounts Posts: 2,006 ✭✭✭bmwguy


    kayaksurfbum wrote: »
    Hi all.

    Just a quick one.

    My company have been trading under the same name for 32 years now. Well know brand in the local area.

    Anyway, a local guy(lives 5kms from my office) has started trading under the same name as me. I keep getting his calls as people are googling him and getting me.

    I called to him and he told me to my face that he would stop and it was only a temporary thing, but I am pretty sure he has no plans on stopping.

    Anyone else been in this situation? what did ye do?

    Thanks.

    Yes, happened to my company. If he will not cease trading you will need to contact your solicitor to further the issue.


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    #3
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Are you a limited company, a sole trader, do you have a registered business name, a trademark?

    Is the other guy a limited company, a sole trader, any registered business name?


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    #4
    Axwell
    Moderators, Computer Games Moderators Posts: 10,462 Mod ✭✭✭✭Axwell


    Is he offering the same type of services/products also or a completely different type of business?]

    Are you a company or sole trader, do you know his status?


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    #5
    pedronomix
    Closed Accounts Posts: 997 ✭✭✭pedronomix


    Are either entities Ltd companies? Are either Registered Business Names? A simple cease and desist letter from a solicitor should sort it as you had first use of the name will likely sort it.


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    #6
    kayaksurfbum
    Registered Users Posts: 700 ✭✭✭kayaksurfbum


    Mine is a limited company, with a registered trade name.

    He is a sole trader.


    Asked the CRO about it. got this response.

    "Business names do not have name protection like companies and we will
    register any name required, if there is any dispute it is a civil matter
    between the parties involved"


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    #7
    Axwell
    Moderators, Computer Games Moderators Posts: 10,462 Mod ✭✭✭✭Axwell


    You haven't stated if he is offering the same goods/services or not. There may be a case for him passing off as your company


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    #8
    kayaksurfbum
    Registered Users Posts: 700 ✭✭✭kayaksurfbum


    Axwell wrote: »
    You haven't stated if he is offering the same goods/services or not. There may be a case for him passing off as your company

    Sorry i missed your post.

    No, his business is totally different to mine.


  • Options
    #9
    smash
    Closed Accounts Posts: 34,809 ✭✭✭✭smash


    kayaksurfbum wrote: »
    Sorry i missed your post.

    No, his business is totally different to mine.
    Then he can't be done for impersonation.


  • Options
    #10
    bmwguy
    Closed Accounts Posts: 2,006 ✭✭✭bmwguy


    In addition to my earlier post we had our name trademarked and that's why the solicitor got the other guy to cease trading.


  • Options
    #11
    adrianw
    Registered Users Posts: 236 ✭✭adrianw


    Nothing you can do, i'm afraid.
    There was a case back in 2006 where Jaguar Cars tried to stop Jaguar watches from using the name. As it is unlikely you will go online to buy a car and accidentally buy a watch, there is no infringement.

    It seems harsh and almost pointless of registering a trade mark, but unfortunately they do appear to be the rules.


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  • Options
    #12
    adrianw
    Registered Users Posts: 236 ✭✭adrianw


    Nothing you can do, i'm afraid.
    There was a case back in 2006 where Jaguar Cars tried to stop Jaguar watches from using the name. As it is unlikely you will go online to buy a car and accidentally buy a watch, there is no infringement.

    It seems harsh and almost pointless of registering a trade mark, but unfortunately they do appear to be the rules.


  • Options
    #13
    kayaksurfbum
    Registered Users Posts: 700 ✭✭✭kayaksurfbum


    So there is nothing that can happen without legal action. Thats pretty annoying.


  • Options
    #14
    pedronomix
    Closed Accounts Posts: 997 ✭✭✭pedronomix


    kayaksurfbum wrote: »
    Mine is a limited company, with a registered trade name.

    He is a sole trader.


    Asked the CRO about it. got this response.

    "Business names do not have name protection like companies and we will
    register any name required, if there is any dispute it is a civil matter
    between the parties involved"


    There is no such thing as a registered trade name. Registered Trade Mark, yes, registered business name, yes. If the name is unique you might have been able to establish an unregistered trade mark by appending TM to it's use. However such trade marks offer only protection within the same class of trade, registered ones are more exclusive.


  • Options
    #15
    jcon1913
    Registered Users Posts: 803 ✭✭✭jcon1913


    kayaksurfbum wrote: »
    Hi all.

    Just a quick one.

    My company have been trading under the same name for 32 years now. Well know brand in the local area.

    Anyway, a local guy(lives 5kms from my office) has started trading under the same name as me. I keep getting his calls as people are googling him and getting me.

    I called to him and he told me to my face that he would stop and it was only a temporary thing, but I am pretty sure he has no plans on stopping.

    Anyone else been in this situation? what did ye do?

    Thanks.

    I got legal advice on this some years ago. A business set up with the same name, sole trader, same business as mine but 100 miles away. Anyway the advice was that i could take a "passing off" action against this other business. Luckily it didnt seem to work out for him as he sunk without trace.

    Just my tuppence worth.


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