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On what basis can't you trade - is there a Court Order?
no - He has said the "solution is to stop using the name"
I wish to avoid an expensive legal battle - he has money I do not - in my experience those with the most money win
if he refuses to supply me materials I cant trade also
He has the monopoly
The only thing I think he could argue is dilution of the goodwill he purchased... but that does not add up if I have to buy all my parts from him. If I do well - so does he.
But he is not using the name and wants you to stop?
Ok - well you can refuse.
But of course they may decide to issue proceedings
But a Court would ask, would a consumer be confused
If the answer is no - then you are not passing off
If it is yes - then you are
the consequeses of would be?
But you can refuse, but there is always the risk of litgation
At worst an injunction to stop you and damages if they can show they have lost business
Can I clarify anything for you about this?
and if I havent earnt a penny from this company yet - there can be no damages
Then there would be no point taking the company to court. Remember they wouldnt be taking you but your company
So even if they won, they wouldnt get anything anway
Does that clarify?
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