Passing off a Company Name? Advice required please.

TAC

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Jun 7, 2026
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Good evening all. I have acquired the domains gradedgoods.com and gradedgoods.co.uk

I plan to rebrand my business Graded Goods Direct and use those 2 domains for selling my products.

The Company "Graded Goods Limited" was started in 2023. They sell graded electrical goods. I sell every type of Graded goods INCLUDING electrical goods.

My question is do any of you think an issue would arise regarding passing off? The company is around 50 miles or more from me.

I have contacted the Company out of business etiquette to see if they have an issue, however I believe I would be able to use the name.

Your opinions are greatly appreciated.

Thank you 😀
 

fisicx

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You won’t know until you try. They may be ok but they may object.

If there is a hint that customers will be confused by the two businesses they may win any legal action.

Engage a lawyer and get them to do the necessary checks and due dilligence. If they find in your competitor’s favour choose a different domain name.

As an aside, what does graded goods direct mean? Do you give things a score out of ten then sell them to people?
 
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TAC

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Jun 7, 2026
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You won’t know until you try. They may be ok but they may object.

If there is a hint that customers will be confused by the two businesses they may win any legal action.

Engage a lawyer and get them to do the necessary checks and due dilligence. If they find in your competitor’s favour choose a different domain name.

As an aside, what does graded goods direct mean? Do you give things a score out of ten then sell them to people?
I sell Graded Goods that range from A+ (New) down to D (Spares only). The direct part is to make it stand alone and it means we sell directly from the manufacturer or distributor instead of middle men.
 
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fisicx

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Looking at their website I can see how there could be confusion between the two. I’d give them a call tomorrow and talk.

Must admit though I find the name a bit confusing. Sometimes a completely random name can work in your favour. It means the business can change and evolve. Just like Amazon.
 
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TAC

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Jun 7, 2026
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Looking at their website I can see how there could be confusion between the two. I’d give them a call tomorrow and talk.

Must admit though I find the name a bit confusing. Sometimes a completely random name can work in your favour. It means the business can change and evolve. Just like Amazon.
Thank you for the input. It's nice of you to help me out. I'm glad you mentioned the confusion. I may have a rethink and try another.
 
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fisicx

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What is your marketing plan? What keywords and taglines are you planning to use in your promotions? This might give you a better idea for the business name.
 
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TAC

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What is your marketing plan? What keywords and taglines are you planning to use in your promotions? This might give you a better idea for the business name.
I buy direct customer returns and have done for years now. I take truck loads of customer returns, repair them or sell them as raw returns. I started to sell Machinery and Vehicles and split the business into 3 but lost my way a little and the company thinned out. I want to specialize again and i am just looking for a nice and easy name for the company and restart the website where I will solely sell goods that have been regraded from damaged to "as new" and full pallets of raw returned stock.
 
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fisicx

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But how do people know you sell these goods? Do you have a warehouse? Billboards? Word of mouth?

If I want fridge spares and did a google search would I find you?

I think you need to do a bit more market research before setting up your online business. Begin with deciding on your target customer. Is it someone looking for a cheap Xbox? Or someone wanting an old TV for spares? Would you expect to deliver countrywide cheaper than curry’s?
 
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TAC

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Jun 7, 2026
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But how do people know you sell these goods? Do you have a warehouse? Billboards? Word of mouth?

If I want fridge spares and did a google search would I find you?

I think you need to do a bit more market research before setting up your online business. Begin with deciding on your target customer. Is it someone looking for a cheap Xbox? Or someone wanting an old TV for spares? Would you expect to deliver countrywide cheaper than curry’s?
I see what you mean. I sell full pallets of stock but also new goods so it's a bit mixed. My main goal is to just sell full pallets of customer returns. I think that the name should be more focused on that end goal.
 
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fisicx

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I have contacted the Company out of business etiquette to see if they have an issue, however I believe I would be able to use the name.

What was their response?

Do really want to start a business knowing that you might immediately be involved in legal action, when other options are available?

Do your customers actually relate to the terminology?

Final thought - a domain is one thing, are you planning on using that name as a brand?
 
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fisicx

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The public
Do people really buy whole pallets of returned goods? Or do you mean you buy pallets and people buy items from that pallet?

Either way how do your customers currently find you? This is key to how you market the new venture and from there the domain/business name you choose.
 
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TAC

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Jun 7, 2026
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Do people really buy whole pallets of returned goods? Or do you mean you buy pallets and people buy items from that pallet?

Either way how do your customers currently find you? This is key to how you market the new venture and from there the domain/business name you choose.
One company that has the same set up is gemwholesale. They offer full pallets for customers to breakdown and sell and also do the same themselves. The breaking down is the gravy for the business but the pallets are a good steady income.
 
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TAC

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What was their response?

Do really want to start a business knowing that you might immediately be involved in legal action, when other options are available?

Do your customers actually relate to the terminology?

Final thought - a domain is one thing, are you planning on using that name as a brand?
I've had no response as yet. I am thinking you are correct and see a better path naming the company something like Revive Wholesale or something along the lines. Other companies in this field are gemwholesale, marthill international etc. They have been around a long time. I did the same around 10 years ago and it worked well for me.
 
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fisicx

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One company that has the same set up is gemwholesale. They offer full pallets for customers to breakdown and sell and also do the same themselves. The breaking down is the gravy for the business but the pallets are a good steady income.
In which case just give yourself a generic name. It will give you a lot more flexibility to pivot the business.

It's still not clear how the system works. Do they come to you in a big warehouse and pick up a pallet of toasters? Can I come to your shop and buy a TV? Or do you ship direct from the supplier to customers? Or a combination or methods.

Gem Wholesale are B2B only. Will you be B2C?

Understanding this will help define the scope and purpose of the website.
 
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TAC

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In which case just give yourself a generic name. It will give you a lot more flexibility to pivot the business.

It's still not clear how the system works. Do they come to you in a big warehouse and pick up a pallet of toasters? Can I come to your shop and buy a TV? Or do you ship direct from the supplier to customers? Or a combination or methods.

Gem Wholesale are B2B only. Will you be B2C?

Understanding this will help define the scope and purpose of the website.
The bulk of sales are B2C goods that have been returned and then renewed by us. We then deliver to the customer or they can pick up.
 
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fisicx

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Then maybe focus on the low cost part of the deal. Push the idea that they aren’t perfect but are serviceable. Using the word reconditioned could be useful.

We buy a lot of stuff off eBay. I suspect most of it is the same items you stock. That might be a useful channel. Got a microwave at a boot sale for £10.

Looking at Marthill they off load to ebay and FB sellers.

You could find your own niche and exploit it to the max.
 
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Why change the name of the business? Keep it as it is and trade using the domains (assuming you do not get pushback).
 
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Gecko001

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I think if you simply put yourself in their shoes and someone came to you with a similar name would you not object, I think I would, personally I would not waste my time and come up with another name
I agree, it is such a niche business, that the 50 miles distance between the two companies hardly matters. Come up with another name.

You are in the driver's seat here. What do you expect the other firm to say to you? They do not want to help you as you want to be their competitor. They will say nothing and let you make your own mistakes.
 
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fisicx

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What’s the name of the road where you have the warehouse? Use that with a suffix.

Recirclo sounds like a recycling depot. You could get people dumping their old appliance outside the gate.
 
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TAC

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What’s the name of the road where you have the warehouse? Use that with a suffix.

Recirclo sounds like a recycling depot. You could get people dumping their old appliance outside the gate.
The current warehouse is too small and will be relocated. I see what you mean with the recycling part. I am generating names for new goods that have been opened then checked / repaired etc. for retail.
 
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fisicx

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Just make something up. Name of your dog, a mash up of your children’s names. Where you went to school…

The business name really doesn’t matter much.

Look at at Tesco - has no connection to their actual business.
 
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Lucan Unlordly

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Push the idea that they aren’t perfect but are serviceable. Using the word reconditioned could be useful.
Karcher used to underwrite an Easter promotional offer on Jet washers in the DIY Sheds, B&Q etc., with a no quibble 30 day return policy. Buyers would clean their patios and realise after a couple of weeks that they wouldn't have a use for it for another 6 months, so back it went. This was 15 years ago so times may have changed but these were perfect, technically new items.
 
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WaveJumper

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    This makes me recall the time I accompanied my son to a business up north to view an exhibition trailer, the place was the size of Wembley stadium not only was the trailer parked up inside he also had a corner set aside for his race car & workshop ..... I digress

    His business supplied power tools to B&Q you've never seen so much stock, it was impressive. As we were shown around I saw lots of large cages filled with items of all descriptions just thrown in, whats the story behind these I asked, "oh they are the returns" it was quite mind boggling.

    Guess this is the type of stuff that gets moved on to the resellers.

    As a foot note, my son bought the trailer (it had only been used once) I want off to get the jeep whilst they pushed it around to the loading bay, when I returned and we pulled it outside into the car park we had to laugh as its true scale suddenly became quite evident once out in the open. 😁
     
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    Nathanto

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    I have acquired the domains gradedgoods.com and gradedgoods.co.uk. I plan to rebrand my business Graded Goods Direct and use those 2 domains for selling my products.

    they may win any legal action. ... Engage a lawyer and get them to do the necessary checks and due dilligence.

    I wouldn't waste money on a lawyer in this particular case. For the .co.uk domain name, this is a slam dunk 'abusive registration' and so (regardless of any potential 'passing off' claim) the OP will have the domain taken off them if the competitor complains to Nominet and then probably get sued for any costs incurred by the competitor.

    Unless the competitor responds to the OP favourably which I'd have thought was extremely unlikely, the OP needs to either rebrand themselves and/or choose a different domain name.
     
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    MyAccountantOnline

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    Good evening all. I have acquired the domains gradedgoods.com and gradedgoods.co.uk

    I plan to rebrand my business Graded Goods Direct and use those 2 domains for selling my products.

    The Company "Graded Goods Limited" was started in 2023. They sell graded electrical goods. I sell every type of Graded goods INCLUDING electrical goods.

    My question is do any of you think an issue would arise regarding passing off? The company is around 50 miles or more from me.

    I have contacted the Company out of business etiquette to see if they have an issue, however I believe I would be able to use the name.

    Your opinions are greatly appreciated.

    Thank you 😀

    My thought - with so many possible names why set yourself up at the onset for potential issues?

    Even if you have a strong legal position (and thats not something I specialise in) is the potential for customer confusion, misdirected emails, calls and reviews etc worthwhile?
     
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    TAC

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    Jun 7, 2026
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    I wouldn't waste money on a lawyer in this particular case. For the .co.uk domain name, this is a slam dunk 'abusive registration' and so (regardless of any potential 'passing off' claim) the OP will have the domain taken off them if the competitor complains to Nominet and then probably get sued for any costs incurred by the competitor.

    Unless the competitor responds to the OP favourably which I'd have thought was extremely unlikely, the OP needs to either rebrand themselves and/or choose a different domain name.
    Yes I agree with that conclusion. I have moved away from the whole issue and focused more on "sleeves rolled up and selling stock". The renaming has lost me a lot of time and I have just continued with the name I was trading as in 2011.
     
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    TCH

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    'the OP will have the domain taken off them if the competitor complains to Nominet'

    what about the '.co' top-level domain, perhaps the Colombians aren't so touchy

    Google treats it as '.com', you won't be sent to the tail-end of the search results
     
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    I wouldn't waste money on a lawyer in this particular case. For the .co.uk domain name, this is a slam dunk 'abusive registration' and so (regardless of any potential 'passing off' claim) the OP will have the domain taken off them if the competitor complains to Nominet and then probably get sued for any costs incurred by the competitor.

    Unless the competitor responds to the OP favourably which I'd have thought was extremely unlikely, the OP needs to either rebrand themselves and/or choose a different domain name.
    No its not, graded goods is a description of what they sell, same as many other companies. No one has any special claim to it.

    If they had gradedgoodsltd.co.uk, then yes, you've have a point, but not in this case.
     
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    Gecko001

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    I have never heard of the term graded goods and I have bought several items which have been refurbed or sold as damaged stock etc. as just a member of the public. Is your trade mostly business to business? I am asking, as if you wanted to sell more to the public, a name that did not use the term graded goods, might bring in more non-business to business customers.
     
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    DontAsk

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    I have never heard of the term graded goods and I have bought several items which have been refurbed or sold as damaged stock etc. as just a member of the public.

    Been living under a rock? "B-grade" doesn't just refer to energy efficiency. Places that sell used items, such as CeX, grade their stock. Maplin used to sell B grade stock, etc., ...
     
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