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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a registered company called 'Headspace HQ Limited',

Resolved Question:

I have a registered company called 'Headspace HQ Limited', a company I was recently employed by - 'Rackspace Limited' is claiming that my company name is ***** ***** to theirs and we are being accused of 'Passing-Off'.
I have been handed a letter today, and they have asked for details of all our clients that " we have made intentionally or unintentionally, directly or indirectly and representation that HeadspaceHQ is associated or in anyway connected with Rackspace or its business'.
We have had Rackspace sales people say that we are one of their partners that they use for services, but that is about all.
They have also said we must change our name.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if it is the same industry sector please?
Customer:

Hello, this is the IT Hosting Industry

Customer:

sorry - yes, same industry

Alex Watts : Ok.
Alex Watts : But you are Headspace and they are Rackspace?
Customer:

Yes, we are Headspace HQ Limited, and they are Rackspace Limited

Alex Watts : Thanks. The legal test is could a customer be confused between you and them.
Alex Watts : Given the names are ***** ***** I don't see how they can claim this. They would in effect also need to sue anyone with the Name Rack in the name
Alex Watts : I am sure they are not doing that and this action is because you left.
Alex Watts : You should write back and refuse to supply the details and say you will defend any claim in court
Alex Watts : Your name is ***** ***** from theirs.
Alex Watts : You can reject the claim and say if they issue proceedings you will seek your costs
Alex Watts : Can I clairfy anything for you about this today please?
Customer:

yeah, that is what in thinking as well.. there are a number of other hosting companies with similiar names!
Ok, with regards ***** ***** injunction - is something they might be able to get ?

Alex Watts : Unlikely
Alex Watts : They would need to apply on norice and you could defend it.
Alex Watts : Does that help?
Customer:

ok yes that does - thank you very much, just wanted to get a second opinion on what I had already read and thought myself!

Alex Watts : Indeed. Does this answer the question for you today?
Customer:

it does - thank you.

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