Thanks for the reply.
They are sending us letters at the moment saying they want to pursue legal actions unless we meet their demands - we cant afford to argue this in court, so think its better just to close the company down - but wanted to know if we can do this now, or if they go to court.
I understand it can take a bit of time to wind down a company, could we start this process, and they would not be able to bring any proceedings, or would this not work?
I am the only shareholder / director in the company - the company is tiny and has only got 3 shares at £1 each - is this the maximum I would be liable for ?
Just a follow up,
If we can sell the company to a new company (where myself and another is a director), would this then make the 'old' company closed for this legal purpose? Could they then still go after the 'new' company ?
What ever would be easier, we were not infringing, they are just claiming the name is ***** ***** and this in itself is arguable, but will result a large legal bill - I don't believe they wont go further if we just say we will change the name / close down the company, and they will want damages of sorts.
So am trying to work out the fastest way to get rid of the 'old' company.
Yes, but we feel they will still want to proceed with the claim for damaged (not that there would be any), and this would just add to the legal costs.
We are notifying them that we will change our name, but thinking worst case and that they keep on going ..
Its a passing off claim, based on that our names are ***** ***** and we have been misrepresenting ourselves as them and that they do the same services as we do - which they dont advertise as they do it (we used to be employed by them as well so does get a little bit more in depth).
No itemized list - they wish to have a list of our customers that we directly, or indirectly, intentionally or unintentionally made any representation that our company was involved with their company.
This is our current step - to mention that we are changing our company name.
Hopefully they will take this, but I personally suspect not, and just want to plan for in-case they come back saying its unacceptable and continue with the legal action.
They have their own legal department in house, so their legal costs are quite low compared to ours..