Looking for advice, freelancer using the same name as mine.

[robclfc94]

I found out that someone purchased the .com of my .co.uk, they're in the same industry and have the same name. I'm a sole trader and don't currently have the trademark or Ltd for the name but I have been operating since 2020. I was thinking of emailing him and to see if would be willing to change the name, maybe he didn't know.

Can copyright protect me in this situation or would I need to register the trademark?

Also, if he decides to register the trademark before me and get's approved is that legal even though I have been operating well before him?

Thanks!

 

[fisicx]

Nothing stopping anyone registering any domain name. It only becomes an issue if they start trading under a trademark or pretend to be you.

You can write to them and ask them to stop but if they refuse then you need to spend money on legal action. Which you may or may not win.

 

[Ozzy]

Can copyright protect me in this situation or would I need to register the trademark?

There is very little you can do I'm afraid; unless they are trading in a way that could cause confusion with your customers (passing off) but that will be difficult to prove and quite expensive too.

As you suggest, the best option would be to ask them (maybe pay a bit for a solicitor to asking them if you want to try a scare approach), but be prepared to consider changing your trading name instead if asking fails.

 

[eteb3]

What is passing off? Legal advice, defences and remedies

Passing off can be costly and difficult to enforce. In this article, we'll cover passing off laws, claims and remedies.

harperjames.co.uk

 

[Russ Michaels]

I would suggest just giving them a friendly call and have a chat, so you don't risk rubbing them up the wrong way, Emails can easily be misinterpreted.

If they are a new company, they may be more willing to change their name.
It is however completely normal for there to be multiple companies with the same or similar names, just look on companies house.
If they are a ltd company, then its less likley they will want to change name, and it will be easier for you to do it.

 

[fisicx]

I think both of them are just freelancers. No companies involved. @robclfc94 doesn’t even say if they are offering same services of even in the same country.