Passing Off

[rambot]

I had a problem a while ago. I started a company on my own, i registered for school work and everything was ok.
I was approached by another person who suggested that we work together as he was on his own as well.
I spent 6 months building up the company and financing everything and for the last 3 months he kept going absent.
The final straw was xmas eve when he done it again. I informed him that he would not become a partner in this company and he decided to leave.
Out of spite he registered my company name and is now trading under that name. I did speak to philip and it was decided that the costs were prohibitive to pursue a case of passing off any further.
My question now is how would i stand if i started a small claims case in trying to recapture the lost finances , due to the fact that i had to change company names and wasted everything i had built up.
He did write me a letter and admit in the letter that he wanted to become a partner and that we needed to organise the outgoing expenses and the pay back of loan i had made to the company.
Many thanks

[beenthruthemill]

You can certainly make a claim for your losses, whether a court would award you them is a different matter. Given the inexpensive costs of going to small claims, I would think it would be worth it just to put the wind up his sails. You might find he'll offer to settle before you get to court.

ianal just my opinion

[The Dispute Resolver]

If the name is the one you traded under before he came along and he left voluntarily then, subject to the detailed facts and what was agreed at the time, he has no rights to use that name. If he is running a competing business under that name then he is 'passing off' (confusing the public into thinking it is the original business) and you can obtain an injunction. Of course this all depends on the arrangement you reached when he joined you so you should obtain some quick legal advice (PM me) .

Some extra-litigation steps you could take- You mention 'school work'.If you have school customers you need to inform them that the business under that name is not yours and you are taking legal action to stop them.