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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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hello. what is the charge for using this service please. we

Customer Question

hello. what is the charge for using this service please. we need advice on a morris dancing name, thank you
dennis
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
-Could you explain your situation a little more?

Customer: replied 2 years ago.



I need to know if someone can take my morris dancing troupe name and logo and go start another troupe up with the same name. advertise for dancers, dance at competitions and collect any monies under my troupes name? and train in the same venue.on different days? hi I started my own morris dancing troupe in January called Hindley Rising Stars morris dancers. I am the principle and had a training assistant who was helping me out with the troupe, I instructed my training assistant to put the insurance in my name as I didn't have an active bank account, she put the insurance in her name and stated on the insurance that she was the principal without my knowledge which wasn't true. I registered my troupe with an organisation called manecco so we could dance out at competitions. I registered my troupe and myself alone as principal. my training assistant has quit my troupe several times, does this mean that any involvement she had in the troupe no longer exists? she has now quit permenantly and is doing her own. they have taken and are using my troupes name trying to claim she made the logo and name up and is stating that yesterday they have contacted intellectual property law and applied for the trademark can they do this when I have been using the name since January.? they have warned me several times that if I use that name and logo in 6 days time then I will be taken to small claims court. they have taken my name and number off the website and blocked me and now advertising with there names and numbers. the main problem I have is that they have taken my troupes name and running a troupe in the same name can I continue with my troupe why they are doing this. my worry is if they continue as Hindley rising stars then they will lay claim to all my assets, dresses equipment and funds. they are writing all over facebook and telling all my dancers that I am a theif and have stolen all the troupes funds. I have had my accounts book independently checked by another morris dancing troupe and all books, funds and receipts are all present and correct and upto date, they are ringing my dancers up at 3am in a morning giving abuse and coming round my house at 3am being abusive. danny james my training assistants brother made my logo with my troupes name in it for my troupe and is now claiming he did the logo for my training assistant and that it belongs to her and that she is taking it with her along with my name can I just change the logo but continue dancing as Hindley rising stars? or can they? who has the rights to dance under that name. if they are not allowed to what can I do to stop them? if they take any money in subs or fundraising etc under my troupes name are they breaking any laws? I have contacted the police about facebook, the troupe and funds they have advised to keep a log of all the harassment and threats etc but cannot help me with this matter as they said it is a civil matter.




respectfully yours



Customer: replied 2 years ago.



I need to know if someone can take my morris dancing troupe name and logo and go start another troupe up with the same name. advertise for dancers, dance at competitions and collect any monies under my troupes name? and train in the same venue.on different days? hi I started my own morris dancing troupe in January called Hindley Rising Stars morris dancers. I am the principle and had a training assistant who was helping me out with the troupe, I instructed my training assistant to put the insurance in my name as I didn't have an active bank account, she put the insurance in her name and stated on the insurance that she was the principal without my knowledge which wasn't true. I registered my troupe with an organisation called manecco so we could dance out at competitions. I registered my troupe and myself alone as principal. my training assistant has quit my troupe several times, does this mean that any involvement she had in the troupe no longer exists? she has now quit permenantly and is doing her own. they have taken and are using my troupes name trying to claim she made the logo and name up and is stating that yesterday they have contacted intellectual property law and applied for the trademark can they do this when I have been using the name since January.? they have warned me several times that if I use that name and logo in 6 days time then I will be taken to small claims court. they have taken my name and number off the website and blocked me and now advertising with there names and numbers. the main problem I have is that they have taken my troupes name and running a troupe in the same name can I continue with my troupe why they are doing this. my worry is if they continue as Hindley rising stars then they will lay claim to all my assets, dresses equipment and funds. they are writing all over facebook and telling all my dancers that I am a theif and have stolen all the troupes funds. I have had my accounts book independently checked by another morris dancing troupe and all books, funds and receipts are all present and correct and upto date, they are ringing my dancers up at 3am in a morning giving abuse and coming round my house at 3am being abusive. danny james my training assistants brother made my logo with my troupes name in it for my troupe and is now claiming he did the logo for my training assistant and that it belongs to her and that she is taking it with her along with my name can I just change the logo but continue dancing as Hindley rising stars? or can they? who has the rights to dance under that name. if they are not allowed to what can I do to stop them? if they take any money in subs or fundraising etc under my troupes name are they breaking any laws? I have contacted the police about facebook, the troupe and funds they have advised to keep a log of all the harassment and threats etc but cannot help me with this matter as they said it is a civil matter.




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Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

If you started the business first and you are able to show that you started before them using the name and logo which you are using, you have the first right over the name and logo and may file a passing off action against your competitor.

They cannot use your name and logo without your consent.

You may get a solicitor to send them a cease and desist letter asking them to stop using your name and logo and if they still refuse to comply, you may file court action against them for a court order making them stop passing off your name and logo and to pay you damages for breach of your trademark and logo.

May I help,further?
Customer: replied 2 years ago.

thats what they are threatening to do with me. but i used the name and logo
first,
they are stating that they have registered it yest ,were i didnt register
it.
i do have a registration letter with the orgonisation we dance with
confirmin me as the principal
how can they register it yesterday when i have been using the name since
jan?

Expert:  UKSolicitorJA replied 2 years ago.
If you used the name and logo before them, you are fine, you just need to prove this. It does not matter that they have registered the name and logo, if you used it before them, you may bring a passing off claim against them.

Hope this clarifies
Customer: replied 2 years ago.

they have gone and registerd my name and logo as a registerd trademark i have rang the company up and they have said anyone can do this. is this true?

Expert:  UKSolicitorJA replied 2 years ago.
You would need to go to court to get an order saying you are the owner of the mark and logo and you should be registered the owner instead of them.

Court action will be expensive and time consuming though.

Hope this clarifies. Please leave feedback
Customer: replied 2 years ago.

they now have my name and logo asthe have paid to make it a registered
trademark but what about my assets now???

Expert:  UKSolicitorJA replied 2 years ago.
Which assets are you referring to?
Customer: replied 2 years ago.

i have 700 in troupe funds, a music system cost me another 200 then have all dresses and equipment we ever bought.

Expert:  UKSolicitorJA replied 2 years ago.
You may try and sell off these items if you do not wish to keep them.

Please leave feedback

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