Cinnamon Posted July 14, 2010 Share Posted July 14, 2010 Hubby & I have a small company which has traded for very many years with us as the owners,& prior to that, my FIL Had a phone call today from a chap who has a LARGE company with the exact same name (except ours has 'of Henley' after it,& their has 'visual communications' after it) saying that there is a problem. Apparently a client of his Googled the name ,went to visit,& ended up at a small yellow cottage in the middle of no where rather than a massive industrial unit up North The owner of the other company says that we need to ,remove our name from Google & from any websites that we may advertise on' He said that his lawyers want to proceed with legal action,but he wanted to speak to us first. They have traded under the name for longer than us,but I am sure that when I Googled the name a year or so ago,only our company came up.......... The 2 businesses are very different,& all the sites we are on are ones helping people find local companies to do the work they are looking for - we have not asked them to feature us,they just do (like YELL.com) Anyone have any words of wisdom for me - its all proving a bit of a worry Quote Link to comment Share on other sites More sharing options...
Happy chickens! Posted July 14, 2010 Share Posted July 14, 2010 Are you a limited company or are you so and so trading as? That makes a difference as if you are a limited company you own that name. Business link may be able to help http://www.businesslink.gov.uk/bdotg/action/cntc?r.li=1081132369&r.l1=1075193191&r.=11&r.s=p&tc=000KWBL2163220117520|3820473517 Quote Link to comment Share on other sites More sharing options...
Jools Posted July 14, 2010 Share Posted July 14, 2010 I don't know if they can do anything tbh, particularly if you aren't trading in the same market. It sounds like a lot of hot air to me. Could you try the CAB (or a small business equivalent) for some advice? Or maybe put a disclaimer on your website saying that you have nothing to do with the other company, and ask them to do the same? I'd be very reluctant to change my business name after years of trading. They'd have to pay me a substantial amount of money to change everything, and reputation / word of mouth is priceless anyway. Nope, I'd stand my ground I think. Quote Link to comment Share on other sites More sharing options...
C&T Posted July 14, 2010 Share Posted July 14, 2010 I don't know the legal status of your business, but if regestered with Companies House, is it worth speaking to them? The fact you both offer very different services, I would question what reason the other company has of making these demands. It's not as though you are trying to poach their business. Not much help - sorry - but hope you get it sorted quickly and easily. Quote Link to comment Share on other sites More sharing options...
Tutti Frutti Posted July 14, 2010 Share Posted July 14, 2010 I don't know why but I thought that, if they were in a different business sector to you, then it wouldn't be a problem! But maybe I'm going back several years, as legislation has changed and is retrospective! See here and here. Seems a bit heavy handed to me though Quote Link to comment Share on other sites More sharing options...
Tutti Frutti Posted July 14, 2010 Share Posted July 14, 2010 I don't know why but I thought that, if they were in a different business sector to you, then it wouldn't be a problem! Or maybe I'm thinking of TRADEMARKS which is a different kettle of fish - eg Polo (cars and sweets). Quote Link to comment Share on other sites More sharing options...
WarrensWorld Posted July 14, 2010 Share Posted July 14, 2010 Did you actually get a visit from someone looking for a large industrial complex?. I think it's a bit of a wind up, either that or his supposed client is an illiterate, idiot. I'd just wait and see. Quote Link to comment Share on other sites More sharing options...
Jennifer Jane Posted July 14, 2010 Share Posted July 14, 2010 Poor you, I do hate these bullying big businesses. Hopefully someone more knowledgable than me will come along, but I would think that you are in the right. It is virtually impossible to come up with a totally unique name - my friend is in the process of setting up a new company and when I googled her selection of choices there were multitudes of companies with similar names. I think if you are in a different line of business and aren't trying to obtain anything by "deception" you have a very good case. I'd be inclined to fight them, but that's easy for me to say! Quote Link to comment Share on other sites More sharing options...
chickencam Posted July 14, 2010 Share Posted July 14, 2010 You will find that some business solicitors will do a free half hour consultation about your problem, in order to advise you on where you stand and if anything needs to be done. Try contacting Business Link, they should be able to give you details of any firms in you area that offer this service. Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted July 14, 2010 Author Share Posted July 14, 2010 We are Limited & registered with Companies house - have been for years now. No one knocked on the door looking for another business,but I guess we could have been out............ We shall see. We simply cannot (& will not) change the name & do feel somewhat bullied by the phone call & email sent to us. If it were the same line of business I might begin to understand their problem,or in the same region of the UK even Quote Link to comment Share on other sites More sharing options...
The Dogmother Posted July 14, 2010 Share Posted July 14, 2010 I think it's all a load of rubbish Sarah. A quick check at companies house should reveal when they started up. There really is no reason why you should jeopardise your business by cutting all your advertising. An appointment with a commercial lawyer would be able to put you right. We often get calls for a company in London, their co. name has the first same word as ours, but no other similarity; it's just down to people being idle and not thorough when they google. If you were trying to masquerade as them, as in the various famous spoof Harrods' cases, then it would be a different matter. Quote Link to comment Share on other sites More sharing options...
Charlottechicken Posted July 14, 2010 Share Posted July 14, 2010 Is it possible they are trying to muscle into your line of business and want to remove the competition? Not sure if **this** is any use. Quote Link to comment Share on other sites More sharing options...
Willow Posted July 14, 2010 Share Posted July 14, 2010 I'm no legal expert but if his client really googled and ended up at your cottage his client is an idiot as apart from the similarity of first part of name there really is no way of confusing the two businesses. I cannot see how they can force you to change what web sites you are advertised on. Given the nature of their business the chances are your business has existed long before theirs (have you looked at their web site to see when they started ?). I'm struggling to understand how they think they have a case. Personally I'd call their bluff. Quote Link to comment Share on other sites More sharing options...
craftyhunnypie Posted July 14, 2010 Share Posted July 14, 2010 Sarah, are you in the FSB? Federation of small businesses. If so - they will have all the necessary advice in this matter & will also fight your case. I would give them a ring. I think this is more the fact that your business is showing up better in google searches than the other business & the other business doesn't like that! Even though you are both in different fields. Just give the FSB a call, to put your mind at rest. Good luck. Emma.x Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted July 14, 2010 Author Share Posted July 14, 2010 Will do,thanks Quote Link to comment Share on other sites More sharing options...
Happy chickens! Posted July 14, 2010 Share Posted July 14, 2010 I'm pretty sure that if you are a limited company there isn't much they can do about it, but very unpleasant of them to try! Googling can turn up all sorts of anomolies depending on how people tag their sites, so tell him to get his keywords sorted and this sort of problem won't happen again - you could always offer to put a link on your website to his if that might help his less than intelligent customers. Quote Link to comment Share on other sites More sharing options...
BERTIE MCSQUIRTY Posted July 14, 2010 Share Posted July 14, 2010 cinnamon recently i had a similar letter, written by a so called lawyer (Ahem) but she also stated that i had violated their trademark. the business she was referring to had been set up for a year, mine has been registered and has been run since 2001! she asked me to remove any advertisement on google etc. i contacted our local chamber of commerce (through the council) and via them had a response from the FSB. interestingly, the trademark number referred to a shell oil company in the Netherlands, nothing to do with a baby company!! the guidance was that this was a typical bully boy tactic, and if i should hear any further response from the said company i should forward the correspondance to them Luckily i have a friend who is a business lawyer, and her professional view was that it was "twaddle". ( and will do something about the claim of LLB if i agree) she agreed with the FSB's and chambers view. i wrote a response accordingly (basically stating how long i have been registered and practicing) and told them to poke off!! hope that helps Quote Link to comment Share on other sites More sharing options...
docsquid Posted July 14, 2010 Share Posted July 14, 2010 If you are a Limited Company, and have specifically named your company under a local name, which you say you have done, then they can't force you to change the company name, as you couldn't have been registered in the first place if there was a conflict at the time of registration. You are allowed to have similar names if you are effectively registering as a local company, or in another business sector. The only issue is whether their company name is a registered trademark in which case it gets more complicated. For example McDonald's is a trademark BUT there are companies trading as McDonald and Son because that is a family name and they can't claim all rights to that family name! It is worth seeing whether you can get some time with a business solicitor to sort this all out. Quote Link to comment Share on other sites More sharing options...
chickenNutter Posted July 14, 2010 Share Posted July 14, 2010 I had this issue recently and did a bit of research. I was on an external assignment from work on a project which someone involved in setting it up had decided to name 'REaL NW' (short for Resource Efficiency ans Local sustainbility North West) It was a public sector support programme. I recently got a similar e-mail to you from an organisation set up to help small businesses in Rochdale also called Real, which is registered with Companies House. The companies house website states that registration of a company name with them 'does not constitute a trademark'. An investigation into trademarks revealed that they had not registered the name as a trademark, and other permutations of the work 'real' were trademarked, including ReAl (but not REaL NW in that exact format) therefore there was nothing they could officially do. I replied to them pointing out that if you Googled for 'Real' you get about 25 different but similarly named companies, and that as we were in different lines of work, there really wasn't an issue, but if any of their customers came to our website by mistake we would be more than happy to point them in their direction, and trusted that they would do the same. I haven't heard anything since! Unless they have trademarked the name or you are blatantly trying to mimick their company with a view to nicking their trade, they haven't a leg to stand on. I would respond in a similar way to me, and bluff that you have already taken legal advice on the position and are confident they don't have a case. I bet they will back down. Good luck! Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted July 14, 2010 Author Share Posted July 14, 2010 I must say that I am quite looking forward to hearing back from them now Quote Link to comment Share on other sites More sharing options...
Valkyrie Posted July 14, 2010 Share Posted July 14, 2010 If you are already registered with Companies House you should be fine. It is quite in order for people to have the same names as long as you say "of Henley" - which you are. We had a problem with a ghost company being set up several years ago by another family member who was trying to mislead our customers with exactly the same name but omitting the LTD. We complained to CH and they asked the certain person to alter it - twice, the last time giving them a time limit or they themselves would take legal proceedings (we know because even they got confused and sent us the letters by mistake - the ghost also was using our vat reg number - also illegal). OH's partner's company was recently duplicated by someone in Kent, but as they have added the "of whatever town it is", it's quite OK. As you have been trading for years and are not doing anything underhand, there should be no problem. Ignore those empty threats, they are just being bullies. Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted July 15, 2010 Share Posted July 15, 2010 Have a look **here** We looked into trying to stop a very dodgy builder using the name of my place of work in his umpteenth company name. His registered office was his house, which was very close to our place. We were always getting invoices and threatening letters because of his unpaid bills etc. All apparently addressed to us, until we opened them. This is what prompted us. We took advice, and trademarking appeared to be the only way forward and at the time, and we didn't think it worth pursuing, because of the costs. This thread prompted me to look him up on the Companies House website ... and guess what, his filing is well overdue. There's a surprise. Not. When he goes bust, (again) we may well revisit the notion. Quote Link to comment Share on other sites More sharing options...
Valkyrie Posted July 15, 2010 Share Posted July 15, 2010 It's quite amazing how well these dodgy people know how to play the system while all of the ones behaving themselves haven't a clue. Which of course is probably a good thing. Quote Link to comment Share on other sites More sharing options...
Chickendoodle Posted July 15, 2010 Share Posted July 15, 2010 If you have business insurance you may have legal expenses cover on there or if not the full cover, access to a legal helpline Quote Link to comment Share on other sites More sharing options...
Guest Posted July 15, 2010 Share Posted July 15, 2010 LOL my other half's company is called ** followed by print or print services, can't remember which but a quick google showed LOADS of other printing companies with ** in the name! You could have a field day trying to get all the millions of them sorted out. Quote Link to comment Share on other sites More sharing options...