trademark infringment

Poshsalt

Hi,

I have a business started in 2018, was LTD in 2019, been trademarked since 2020.

Resently past 2 weeks another business has 100% copied by website and my trademark.

I've tried emailing about 8 trademark compaines in the UK no one replies. 1 replied today saying they can send a C&D letter but want £1,200 which I think is insane, I was expecting £300 max.

Does anyone recommand anyone, or should I just as google to take it down?

Regards

martindow

If this new business is online, one approach is to contact the company that hosts their website.  A letter before action saying that unless the site is removed you will take action against the site owners and the host for trademark and copyright infringements is likely to have an effect.  It maybe worth paying for advice in wording this, but the fees you have been quoted seem very high.

A friend was on the other end of this when someone claimed to have copyright over a name that had been commonly used for some years on various web sites.  The web host sent a message saying they had been contacted regarding this and were minded to take down the site. 

Their web site was at risk so they stopped using the particular term that was apparently copyrighted.  The possible expense and result of not complying were too great.

Sandtree

IP lawyers are not cheap and too many will give up after the cease & desist letter doesn't get anywhere hence the lawyers charge a fair wack up front. Have you spoken to just a normal local solicitor firm that does commercial work to just send the C&D letter? Hourly rates are likely to be much more reasonable than specialists.

Generally web hosts are more responsive but that can mean they just hop to the next hosting company if its worth their efforts.