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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3695
Experience:  Solicitors 2 years plus PQE
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my golf club was formed in 1932 and is called addingtin court

Resolved Question:

my golf club was formed in 1932 and is called addingtin court golf club the new company running the golf complex has opened a club called addington court golf club and have opened a website using our name can this be ledal
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

What is the legal status of the Golf CLub? Is it a limited company or trust?

What connection does this company have to the golf club?

Kind regards

AJ
Customer: replied 3 years ago.

1 no to all


2 our club is a members club playing over the champiship course at Crown Golf Addington court golf complex.


3 no connection

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The name and crest of the golf club represents its goodwill and intellectual property.

Normally to protect this you would register it as a trade mark.

In the absence of a trade mark you can rely on the law of "Passing Off". Some one is guilty of passing off if they fulfill the following elements:
1. Goodwill belonging to a trader - the golf club is owned by its members. Therefore the assets are held in trust for the members. Its assets include its goodwill and name. It has been trading since 1932 and there is clearly a goodwill attached to the name;
2. There is a misrepresentation from another partner that leads to a confusion in the eye of the public as to the origin of the goods and services involved. By using the golf clubs established name this company is causing confusion that the website is associated with your golf club;
3. This causes damage to goodwill and an unfair commercial advantage.

The key element is the likelihood of confusion being caused by this company riding on the back of the existing goodwill to taking an unfair advantage.

Passing off is a tortiuos claim and you could seek anything from damages to an injunction prohibiting the action.

To give this the necessary gravitas any complaint should be sent from a solicitors headed paper to show you have taken advice and your claim is substantiated.

I look forward to hearing from you.

Kind regards

AJ
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