Similar Business Name – Advice Needed

mugatea

Free Member
Business Listing
Hi

I’m own "Bishopton Dog Walking Services", and I’ve been running my dog walking & pet care business since 2010. Today I discovered that a new business has started operating under the name "Bishopton Dog Walking Co". The names are extremely similar, and as we operate in the exact same area and offer the same services, I’m concerned this will cause confusion among local dog owners. I have a registered UK trademark for my business name and logo. Has anyone dealt with something similar? Any advice?
 
Get your solicitor to write to their solicitor. Won’t take long before they cease trading or change their name.
 
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Your both presumably small business, just give them a call and explain your concerns and that you would like them to change their name.

There is a dog walker who lives near me. When she goes on holiday or is busy, she recommends another local lady and they recommend our neighbour.

Going via solicitors in the first instance seems a bit much. They probably will refuse, but if it gets out you went straight to solicitors, it could reflect badly on you. At least you can say you tried to sort it amicably.

(Just my opinion anyway).
 
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Oh I agree, there is no way they didnt know and they wont do it. Im not naïve.
But it just gives you the chance to say you tried sorting it out amicably. And also potentially without cost.
 
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If you've been trading since 2010, you may still have rights even without a registered trademark. In the UK, this falls under the law of passing off, which can protect businesses that have built up goodwill under a trading name.

To succeed with a passing off claim, you'd generally need to show:
  • You have an established reputation in the name "Bishopton Dog Walking Services".
  • The new business's name is likely to mislead customers into thinking the two businesses are connected.
  • That confusion is causing (or is likely to cause) damage to your business.
In the first instance I'd write to them as it isn't in either parties best interest to have such similar trading names and they may not be aware.
 
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To be fair (unless I’ve found an old/incorrect page) your facebook profile has no profile picture or cover photo and hasn’t had a post on it in over 4 years. They may well have (understandably, but not necessarily fairly) assumed you’ve ceased trading?
 
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hi, I lost access to page but it just happens that since last week I managed to make contact with facebook. I use website exclusively now and prob will even when i get access to fb again. I doubt they think Ive ceased tbh
 
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If you've been trading since 2010, you may still have rights even without a registered trademark. In the UK, this falls under the law of passing off, which can protect businesses that have built up goodwill under a trading name.

To succeed with a passing off claim, you'd generally need to show:
  • You have an established reputation in the name "Bishopton Dog Walking Services".
  • The new business's name is likely to mislead customers into thinking the two businesses are connected.
  • That confusion is causing (or is likely to cause) damage to your business.
In the first instance I'd write to them as it isn't in either parties best interest to have such similar trading names and they may not be aware.
Thanks, it is good advice, I will wait to see how facebook plays out then see if the solicitor replies. I do have trademark and it's mainly logo. Hopefully a quick name change and all will be well, I dont want any wars or anything.
 
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If you've been trading since 2010, you may still have rights even without a registered trademark. In the UK, this falls under the law of passing off, which can protect businesses that have built up goodwill under a trading name.

To succeed with a passing off claim, you'd generally need to show:
  • You have an established reputation in the name "Bishopton Dog Walking Services".
  • The new business's name is likely to mislead customers into thinking the two businesses are connected.
  • That confusion is causing (or is likely to cause) damage to your business.
In the first instance I'd write to them as it isn't in either parties best interest to have such similar trading names and they may not be aware.
thanks for the advice, thats good info about regarding "passing off". I am gonna wait and see what facebook does first
 
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