Someone else using my company name/website query

emv

I have a limited company set up in 2005 (let's say Bloggs Ltd.) & I own most of the relevant domain names, .co.uk .com .org and .net

A few months ago I began getting lots of enquiries for services that I offer from other areas & other similar services & it turns out there is a sole trader calling herself Bloggs and using the blogs.org.uk domain name. She offers almost identical services to me though in a different area of the country.

I don't want to be at all unfriendly but this is causing confusion. I'm trying to word a friendly e-mail but can I ask her to change her domain name and stop using Bloggs (or at least use Yorkshire Bloggs or something to discriminate)?

Em

shmeeko69

Hi emv,

These things happen online quite often and you just have to deal with it. It's what you do going forward to promote your own business and distinguise yourself from the competition that matters.

I have a horse racing website which is very similar to another websmaster only he has the .com and I have the .info address. As you can imagine I get enquiries from people who think they're communicating with him which can be quite frustrating at times.

InsideInsurance

If its geographically outside of your area and so you arent losing business to them your arguments for passing off etc are weakened. Have you a trademark for your brand? Is the styling similar or just the name? How generic is the name to what you both do?

Pennywise

If it's just a coincidence that their name is Bloggs, the same as your's, then not much you can do.

If, however, their name is Smith, and they've chosen Bloggs, and are selling the same as you, maybe with a website that looks the same as yours (similar design/colour scheme etc), then you may well be able to challenge them under the "passing off" rules.

Just be aware, however, that such a challenge involved solicitors and courts, etc., and will almost certainly cost thousands in legal fees, so unless you have deep pockets and they really are stealing your business, it may be best just to put something on your website to distance yourself from them to make it clearer to customers that you're not the same.