Someone is trading under the same name and ripped off my logo. HELP!

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B

ben industry

Free Member
Jul 12, 2006
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  • #1
    I am new to this forum and have joined because this evening as I have discovered that someone has started a record label of the same name as mine and to boot they are using a virtually indentical logo. The genre of music is different but they apparently started last year where as my label has been running since 2000.

    I am very concerned that it will confuse my customers and will cause me problems; they have even copied my catalogue numbers! My company is registered under the name they are ripping off, and I have registered most of the relevant URL's several years ago.

    Please can somebody help me? I would like to know where I stand legally and what I can do to stop them without breaking the bank; as we are only a very small business. Also I believe they are based in Holland; and I'm wondering if that affects my rights further, even though they are obviously selling there product internationally.

    If anyone does have any advice, or could point me to a previous thread, it would be greatly appreciated.

    cheers;
    ben
     
    K

    Kaltons Solicitors

  • #3
    Hi

    I have sent you a PM


    We are a technology law firm dealing with situations such as your. For more information about our firm, please visit www.kaltons.co.uk

    Should you wish to talk further, please do not hesitate to contact me on 020 7278 1817

    I look forward to hearing from you

    Kind regards
    Arif Khalfe


    KALTONS.CO.UK
    020 7278 1817
     
    Upvote 0
    K

    Kaltons Solicitors

  • #4
    Ben, if the matter is as explicit as you say, you will have rights and your problem will only be that it costs quite a bit to use lawyers and this is a notoriously expensive area to get involved in. However, unless you want to lose your right in th name over time, you need to act. You could issue a claim in the county courts yourself if you are prepared to keep your claim low. The court can help you fill out the forms. It is certainly better to get legal help if you can afford it but bear this in mind in case you can't.

    Good luck.

    Regards

    Maitland Kalton
     
    Upvote 0
    V

    VeryMark

  • #5
    (a) Register your name as a trade mark - it's the only sure protection (b) you may not need to go into court if you can convince the other party you'll stop at nothing and even sell your grandma and mortgage the kids, (c) trade mark and passing off actions cannot be taken in the ordinary county courts, they have to be submitted through the High Court or the specialist Patents County Court, and (d) action under the Trade Descriptions Act or Dutch Marketing Law is possible but probably unlikely.
     
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