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
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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