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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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Hi there Is there anyone that has a basic understanding

Resolved Question:

Hi there

Is there anyone that has a basic understanding of website law with respect to copyright/competition? I'm about to relaunch a site that has been down for a few years , lets say www.xxxified.com for the sake of discussion. In the interim, www.xxxify.org has been set up by someone in another country with a very similar idea.

In the meantime I have bought the www.xxxify.com domain, and still own the original www.xxxified.com. I intend to relaunch very soon, both domains going to the same new site. Am I at risk from these other people thinking I've stolen their concept? (whether I did or not, which I didn't). Whats the worse that can happen here? Isn't it just fair competition?
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.

Will you be trading in a different geographical area to the existing website?

Kind regards

AJ
Customer: replied 3 years ago.

Hi Alex


 


initially just the UK. I intend to do my best to prevent traffic from this other country, (india) if I can. The site can essentially be visited from any country I suppose, but I can limit it initially if it makes things easier to get going

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

Thank you for your question and welcome.

On the basis that the name and idea you are using is generic and you have previous trading history on this site it is unlikely you will face any complaint or claim

If you were trading in the same geographical area then the other company could have grounds for a claim of "passing off" - this is where you take unfair advantage of another party's reputation by riding of the back of it to obtain a commercial advantage. If they have no prior trading history in the UK then a claim for passing off will likely fail because they do not have a trading reputation in the UK for you to exploit. The only likelihood of any success for a claim would then be if they had a registered trade mark.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

Hi Alex thanks, XXXXX XXXXX sense and helps.


 


I'm not particularly interested in traffic from india, so I will prevent this. I also have email communication from 2010 to a colleague about the idea. I'm hoping this sounds like I have enough. I also have the twitter handle ie, @abcdify for their abcdify.org.


 


Any more thoughts?

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

Thank you.

If the name you are using is particularly generic or descriptive of the service, then what you should do is come up with a logo or text style to go with the name and consider trade marking in this country before the other company starts trading here.

The sooner you build up your own trading history, the easier you will find it to protect the name that you have.

I would just try to make it obvious as far as possible that you are separate company.

Kind regards

AJ
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