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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70646
Experience:  Over 5 years in practice
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Hi Jo, Thanks for your help. I have another question I hope

Customer Question

Hi Jo,

Thanks for your help. I have another question I hope you can help me with regarding a new name for my company.

I would like to call my company Fetchr but would like clarification on the below:

- Ocado have a website for pet goods called www.fetch.com (not a deal website) which also operates in the UK. Would this be cause for concern?
- There is a site called https://fetchr.io/ which looks dormant - I haven't been able to find any information about it (zero twitter followers, no legal information on the site), they also operate in a different domain - social media. Presumably this wouldn't be a conflict?

Thanks,

Marcella
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Where is this company based?
Customer: replied 3 years ago.

My company is in the UK.


 


Thanks

Expert:  Jo C. replied 3 years ago.
Thanks.

Provided you are in a completely different market they would really struggle to bring a successful claim for passing off

They would be unlikely to be able to convince a court that you were living off the back of their reputation.

That however does not mean they could threaten such an application and even issue legal proceedings but I think the chance of it being successful is slim.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Hi Jo,


 


So just to clarify Ocado, who have website selling pet products under www.fetch.co.uk, in the same market as us albeit a different business type , wouldn't be an issue?


 


Thanks,


 


Marcella

Expert:  Jo C. replied 3 years ago.
I think that probably would be an issue if they are in the same market. You said that they were in social media.
If they are selling the same product I think they would be successful with a passing off action

If however they simply own the domain and are not operating it, they would struggle to bring a passing off action