Been accused of trademark infringement

hopefulfooluk

I've just spoken to the solicitor acting on my behalf and based on the details he has currently about the case, he and my insurers have agreed that they are happy to stand ground at present. I will have to pay an excess of £500 but to be frank, if I send the undertaking back I'd probably have to pay that anyway, so if it means I can fight my case and may be able to keep my name, I'm happy to pay that. And if I lose, well, then I haven't actually lost anything anyway.

So getting the info to the solicitor this afternoon with my reasons of why their accusation of passing off is not really valid, and they're going to write back to them and will see what comes of it. If it gets to high court summons my insurers may decide not to continue with the case but hopefully with the challenging response we are giving them, they will drop the case.

Will keep you posted!

hopefulfooluk

OK so my solicitor has now sent these people one of the best letters I have ever read! Basically saying why I am not passing off, why they have no case, and now threatening them with legal action and my costs to keep using my name if they don't reply within 14 days. Brilliant! So we shall see what they come back with to that

zenmaster

Good luck!

If you are successful maybe you should pursue them for using YOUR name

DCodd

hopefulfooluk wrote: »

OK so my solicitor has now sent these people one of the best letters I have ever read! Basically saying why I am not passing off, why they have no case, and now threatening them with legal action and my costs to keep using my name if they don't reply within 14 days. Brilliant! So we shall see what they come back with to that

Thanks for letting us know, so many poters do not come back and let us know the outcomes.

Morty_007

Good for you! Good luck and I hope things get sorted soon. It must be hard enough in this economic climate to keep a business afloat without being bullied by a bigger company. Maybe they were hoping to cost you enough money to put you out of business and therefore get rid of some of of their competition?

shoeshoplady

Hi, I wondered if you could let me know how you got on with this, as I am facing the exact same situation now. I've had a nasty letter from the other company's solicitors (TM specialists) telling me to stop using my name immediately, etc etc. Interestingly, the other company only registered their name as a TM AFTER I started trading. (I am a sole trader, not registered at companies house).

Any and all advice gratefully received!

Horace

Shoeshoplady - are you a member of the Federation of Small Businesses if so then they can help you fight too. Membership of the Federation costs £150 a year and is well worth it as you get lots of benefits.

brownbabygirl

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