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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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We registered our company All Star Castings Ltd with companies

Customer Question

We registered our company All Star Castings Ltd with companies house about a year and a half ago. We have just found out there is a company with a very similar name to ours called All Stars Casting. However, they are a sole trader and not registered their name with companies house. They also provide a similar service to us. Legally how do we stand with this and we will be able to get them to change their name as this is effecting our business. They have been trading for 7 years though. We have only been trading for a year and 4 months.
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

How close are they to you?

How is it effecting your business?
Customer: replied 3 years ago.

HI,


 


Thank you. Yes I will.


 


They are based in Liverpool and we are registered in Milton Keynes, they are an acting agency and run workshops. We are a casting site, that also runs an actors agency and also run workshops and photography services, for the same people - those that are in the acting/modelling industry as well as dancers and singers.


 


We have had a few complaints from people, thinking we are that agency and also stating that it is confusing people. Also I had someone the other day cc in the person that owns that agency (All Stars Casting), obviously they thought we were apart of them.


 


Ive also had people say they have spoken to us and when i have said they haven't, it turns out they have ended up calling that agency wanting to work with them (when it was us they wanted to work with).


 


Our agencies name is XXXXX XXXXX castings agency though and that name has not been registered with companies house. However, we are more concerned about our all star castings ltd name as this is for our casting site and we been promoting our business with this name and our workshops. We were told we could register our name all star castings ltd and have our agency under the same company but if we wanted to, use a different name for the agency but it would all go under the ltd company.


 


We are losing business with people going to that company and not to us. Also any negative feedback about her agency or workshops will effect ours.

Expert:  UK-Justice replied 3 years ago.
The problem is this - they have been trading for 7 years and you, just over a year.

Even though you are a Ltd company that does not give you the right to make them change the name.

They have been using it for far longer than you. You can ask them if they would change their name.

But if they say no, there is nothing you can do - in fact by them trading for longer they have acquired the right to use the name.

If the sole trader wanted to he could seek a Court order making you change the Ltd co because he has been using the name longer.

Therefore you could write and ask him to change. He could refuse and take action against you.

I am sorry that this is not the answer you are looking for but based on the fact they have had the name for longer, this is the legal position.



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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

HI,


 


Thank you it did clear up a few issues. We have decided to change our name to stop confusion and also in case we get any legal issues from the other company.


 


Kind Regards,


 


Kelly

Expert:  UK-Justice replied 3 years ago.
Ok thanks for the update

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