Being accused of "passing off"

CeeBeeDeeBee

Equaliser123 wrote: »

A quick look at Companies House shows a huge amount of very, very similar names.

This is what I mean, there are lots of similar sounding companies out there, some Ltd some T/as which co-exist nicely. Just because they sound similar is no automatic reason to be guilty of 'passing off'.

I agree with you that this area is very complex and it is kinda what I am trying to get accross too.

My main point is that for the accuser to persue this to court would be very expensive and with no guarantee of success, it would be different if they were someone like Tesco for example.

I suppose we really need the OP to come back and tell us the legal advice she has received!

Bubble16

I am trying to get my head around the name registering/companies house etc. If a company is registered with company house does that mean that that name is taken, under all circumstances or does it make a difference where you are in the country, whether you are limited and/or if you are offering the same products? ie I would not be limited, am miles away and am selling different stuff but the name a friend and I came up with yesterday and considered ourselves geniuses for doing so is registered as a limited company with companies house :-(

Equaliser123

Bubble16 wrote: »

I am trying to get my head around the name registering/companies house etc. If a company is registered with company house does that mean that that name is taken, under all circumstances or does it make a difference where you are in the country, whether you are limited and/or if you are offering the same products? ie I would not be limited, am miles away and am selling different stuff but the name a friend and I came up with yesterday and considered ourselves geniuses for doing so is registered as a limited company with companies house :-(

No the registration of a company has little to do with passing off. It is all about how the business is trading and the reputation it has built up.

It will only stop another business taking the same or a very similar name.

morgani

Hi,

I'm an accountant in practice and one of my clients had a similar accusation made of him at the start of this year.

'Passing Off' is hard to prove and usually is the case where you were a former employee of the said company and set up in direct competition with them knowing of their existence.

For 'passing off' to be present it should be hard to distinguish between the two different businesses. They should have similar logo's colour schemes and one business should be seeking to gain by taking clients.

I wrote a letter on behalf of the client to which the response from the solicitors was 'we shall discuss with our clients and get back to you'. That was back in February and nothing has been heard since.

I still have that letter as I save all correspondence so if you would like a copy (with names removed) to edit and use then please just send me a pm.