Someone has nicked our company name and logo!!!

Lifeisbutadream

We have a limited company, which we set up 2 years ago.

Almost straight away, someone registered a company with exactly the same name but without the city () in the name. At the time we complained to Companies House, but were told there was nothing we could do.

Nothing has happened with this company until now, but I noticed today that they have set up a website, doing exactly the same thing as we do, using a logo almost identical to ours and the same wording exactly!!!

They do what we do but in a different city - I am annoyed because they have just basically copied everything on our website - they are obviously too lazy to think of their own !!

The website doesnt look particularly professional, and I suspect a one man band, but would appreciate some advice as to where we stand legally?? I have emailed them to ask them to contact me to discuss them copying our site, but as yet have not heard anything.

flashg67

Do you have a copyright logo/notice on your website? I'd certainly be looking up the 'whois' for the website and getting the company info from companies house for a start. I think you need to take proper legal advice to clarify your rights before you get into any discussion though.

Perhaps get some screen dumps of the website in case they change it?

Lifeisbutadream

flashg67 wrote: »

Do you have a copyright logo/notice on your website? I'd certainly be looking up the 'whois' for the website and getting the company info from companies house for a start. I think you need to take proper legal advice to clarify your rights before you get into any discussion though.

Perhaps get some screen dumps of the website in case they change it?

Thanks - I am more bothered that they look a bit crappy and I dont want them to be associated with us!!

I had a call about a year ago chasing up a bad debt, which I believe was this person as well.

flashg67

At the end of the day, will it be less hassle to change your company name? i know it's not your fault but sometimes the path of least resistance is the best one to take, rather than standing your ground for the sake of it?

patman99

If someone has it in for the OP, then they will just do the same again.

OP, do you have a facebook account yet ?. If not, set up several accounts using your company name (with and without city name). You can then use the one in your competitors name to steer people to your site (and away from his).
Make sure to use Twitter to promote your site/business, and above all, put a disclaimer on your website proclaiming that you have no connection with this other business.

As you have been trading longer than them, you could sue them for 'Passing-off'.

Also, when does their website come up for renewal?. Find-out, then stick a claim in as the legal owner of the business name.

Tigsteroonie

I'd also suggest taking the opportunity to re-vamp your own website, make it look even better than their cr2p version.

WhiteHorse

The person you dealt with at Companies House may be wrong - if a proposed name is very close to yours, it should be rejected and registration refused. Complain and see.

Also consider threatening a passing off action. Best start checking credit reference agencies too - he may be piggybacking on your name for fraudulent purposes.

Question - how did your competitor know to do this all so fast?

Lifeisbutadream

flashg67 wrote: »

At the end of the day, will it be less hassle to change your company name? i know it's not your fault but sometimes the path of least resistance is the best one to take, rather than standing your ground for the sake of it?

No we couldnt we have spent a fortune creating the brand and on the stationery etc. It isnt an option..

Lifeisbutadream

patman99 wrote: »

If someone has it in for the OP, then they will just do the same again.

OP, do you have a facebook account yet ?. If not, set up several accounts using your company name (with and without city name). You can then use the one in your competitors name to steer people to your site (and away from his).
Make sure to use Twitter to promote your site/business, and above all, put a disclaimer on your website proclaiming that you have no connection with this other business.

As you have been trading longer than them, you could sue them for 'Passing-off'.

Also, when does their website come up for renewal?. Find-out, then stick a claim in as the legal owner of the business name.

To be honest we dont really need the website business - its just a point of contact - I would hate for any of our customers to think they were anything to do with us!

We have been trading longer than them definitely - it looks like they are very new and their website is almost word for word the same as ours!

Lifeisbutadream

WhiteHorse wrote: »

Question - how did your competitor know to do this all so fast?

Our website is very basic - its just a description of what we do with photos (we dont sell from the website yet)

I dont even really see them as a competitor as we are based in one city, they are in another one, I am just cross that they have copied!! plus if we ever do decide to go further afield I dont want anyone thinking we are associated with them..

scheming_gypsy

If you stick their domain in the whois section http://www.nominet.org.uk/ it'll tell you who owns the site if they weren't clever enough to hide their details.