Another business using my business name

techguy81

Hi, I have a query regarding the use of business names.

I am a sole trader trading with a name like "XYZ Services". I have a dormant limited company with the same name, ("XYZ Services Ltd"), but I am not currently trading as a limited company. I intend to do so in the future.

A competitor in my town, who has a completely different trading name to mine, has previously registered a website with an identical name to mine, except mine ends in .com, his ends in .co.uk. In the past, any traffic to his .co.uk domain simply redirected to his website.

However, he has now created a web page with my company name, but with his own content. It concerns me that my customers and potential new customers could mistake his website for mine and I also believe it has been done quite deliberately in an attempt to attract my own traffic.

Question is, is there anything that can be done without involving expensive solicitors at this stage?

Thanks in advance.

Horace

A solicitor may be the way to go - they will give you a free half hour usually or if you are in the FSB you can call their legal helpline (free).

I don't think there is anything stopping this other business buying the .co.uk domain name because it was available. It would have been better if you had purchased both the .com and the .co.uk names to protect your business name - it isnt as though these domain names are overly expensive.

Not sure that you have a leg to stand on to be honest with you but then I am not an expert in these matters nor am I a solicitor

techguy81

Horace wrote: »

A solicitor may be the way to go - they will give you a free half hour usually or if you are in the FSB you can call their legal helpline (free).

I don't think there is anything stopping this other business buying the .co.uk domain name because it was available. It would have been better if you had purchased both the .com and the .co.uk names to protect your business name - it isnt as though these domain names are overly expensive.

Not sure that you have a leg to stand on to be honest with you but then I am not an expert in these matters nor am I a solicitor

Horace, the guy already had the other domain registered before I started my business otherwise I would have bought it myself. He owned the domain but as he didn't trade with that name it was not a problem at the time.

The key issue here is he has now adjusted his website in what I believe is an attempt to impersonate me or at least mislead those who know no different.

I would have thought the limited company name would have afforded me some protection, whether it is dormant or not?

Premier_2

As long as he is not calling his business XYZ Services Limited, then the limited company name gives you little protection. (If he is, that would be easy to stop as he obviously isn't limited, at least under that name)

There essentially is two bits of legislation that applies. The business name must not be (a) the 'same as' another registered name nor (b) 'too like' another registered name; it is neither since the registered name includes the word limited

As for the unregistered (non-limited) names, then getting any prevention could prove costly. (several £000 if he does not comply with a simple solicitors letter, which alone could cost you £100+) You would need legal advice and a claim based on passing off.

Note, the other guy must be a real competitor to you to have any chance of securing a claim of passing off. e.g. if you are a plumber and the other guy is a hairdresser, a claim of passing off is unlikely to succeed. If you are both plumbers, you would have a claim if you are prepared to pursue it.
(The fact he owned the website before you started may be something he uses as a defence and/or counter claim forcing you to change your business name ... or you trade as limited in future )

paddyrg

If he owned his before you owned yours, you can't really press for a bad faith registration - but if he is trying to pass off his business as yours, you have a challenge.

bengalknights

Have you put a notice on your own website that its in no way related to the .co.uk domain?

techguy81

bengalknights wrote: »

Have you put a notice on your own website that its in no way related to the .co.uk domain?

No, but I really ought to.

In response to the other replies, I'm not suggesting he has registered the domain in bad faith. He's had it longer than I've been in business, for what I believe are SEO reasons. He is obviously quite within his rights to do this. Does seem a bit naughty that whereas before it was a harmless redirect, it now defaults to a page with my business name in the title. The guy is literally a few minutes up the road from me so I do feel as though he is stepping on my toes somewhat.

paddyrg

I suggest you have a chat with a lawyer about this, with evidence of the names, sites he can look at, etc. We're all guessing a bit without the links and names. For instance techguy81basildon .com and .co.uk may be a different case from basitech .co.uk and .com. It will cost money and involve some grief, so depends on how much you want to spend to sort the problem.

You can also consider using the .ltd.uk as your main address - as a ltd company you can get it, he can't.

Or, change your main website name to something totally new