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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I recently set-up a Company call IT Talent Recruitment Ltd

Resolved Question:

I recently set-up a Company call IT Talent Recruitment Ltd in Jan 2013 and today received a letter from a Company IT Talent Solutions saying I need to change my Company name?.

How can this be as the words that are the same are 1) Talent descriptive and 2) IT no one Company owns this?.
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you have a specific question?
Customer: replied 4 years ago.

Hi Law


Background


I own a Company call IT Talent Recruitment Ltd registered in January 2013, the Company was set-up to provide a recruitment service focusing on IT Staff.


The Company is registered at Company House and I own the domain name www.ITTalentRecruitment.com and have a website under this name.


 


Today a Company call IT Talent Solutions sent me a letter saying I had to change my Company name as it was confusing and had the potential for customers to be confused.


 


The Company do not mention IT Talent Recruitment on web site and have looked at the source of the web site and this does not list the name in the Keywords so it cannot be that important to them?


 


It appears that they are saying they own the IT Talent element but Talent is a descriptive word and IT surely cannot be owned?.


 


I want to continue using this name as I have marketed and have customer already in place, what should my response be to them?

Customer: replied 4 years ago.


Please let me know if you need any more information ?


 

Expert:  Stuart J replied 4 years ago.

Thanks you.

How long have they been trading? How far from you are they?

Do they do recruitment or something else?

How big are they?

Did you come up with yr Co name with no knowledge of theirs?

Customer: replied 4 years ago.


They have been trading for since 2004


They are in the next big town Reading and I am in Fleet


Yes they do recruitment


Size medium size company from what I can tell on the web site


Yes I came up with the name with no knowledge of theirs I was looking for a name that said what I planned to do thus IT Talent Recruitment Ltd

Expert:  Stuart J replied 4 years ago.




If they were in a
different location, it would be less of a problem than if you are in close
proximity as you are because there could indeed be confusion.

Just because you
have a limited company registered in that name and just because you may have a
domain registered does not necessarily give you the right to use the name of
another company has a name which is very similar.



It is not the use
of the name that is the problem in itself, it is whether they would be successful
in bringing a claim for "passing off".



Passing off is
when your business or product appears to be similar to their business or
product and the average man in the street would be confused. There does not
have to be intention to confuse.



I think that your
names are XXXXX XXXXX and your business is are clearly in the same market,
that if they brought a passing off action against you, they have a good chance
of winning.



It then comes
down to how much money they have to bring litigation against you and how much
money you have to defend it. This is one of those that could go either way in
court. There is actually, based upon the fact you have given no definitive
answer as there often is not in law. If there was a definitive answer to every
issue like this, no one would ever go to court! Each party goes to court
thinking that they are going to win and one of them is disappointed and that
disappointed one usually ends up spending a lot of money.



Whether you have
the bottle to do this or not really comes down to how deep your pockets are



Does that answer
the question.? Can I assist any further?



I am happy to
follow up any individual point you make



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off-line each day and most weekends.



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