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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have 2 small companies,

Resolved Question:

I have 2 small companies, one in New Jersey and one in UK. They both trade under the name XXX. I have never copyrighted or registered the name but have been using that name for 20 years and my website strobotics.com has been online for 18 years. All my customers know me/us as XXX. I had an investor who left in July 2013, returning his shares in exchange for a license to mechanical designs and also a license from me for software. He has registered a limited company ST XXX This will damage my company. Can I stop him?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether it is in the same industry sector please?

JACUSTOMER-gpdqb4bw- :

Sorry, can't get started. The site says my email addr is being used by another member. That's impossible. It's obviously me from last time. Please cancel the order and I'll contact customer services tomorrow.

Alex Watts :

I just need to know whether he started up this business in the same industry sector

JACUSTOMER-gpdqb4bw- :

I make . He has a business called XXXX UK that also makes XXX. He has not traded with the new company, he created it to use it to get my customers.

JACUSTOMER-gpdqb4bw- :

What about my account? Can we continue like this?

Alex Watts :

We can continue like this but as an expert I have no access to the system beyond answering your question

Alex Watts :

But his company ST - in the same sector as you, is that right?

JACUSTOMER-gpdqb4bw- :

Yes, exactly the same -XXX arms

JACUSTOMER-gpdqb4bw- :

I trade asXXXX he has registered XXX Ltd.

Alex Watts :

Ok - in that case it makes no difference whether you have trademark

Alex Watts :

You can show 20 years use

Alex Watts :

He is using the same or similar name which could be confusing to customers

Alex Watts :

This is called passing of

Alex Watts :

* off *

JACUSTOMER-gpdqb4bw- :

for me its a trading as name. My companies have other names.

JACUSTOMER-gpdqb4bw- :

passing off, ok

Alex Watts :

That means you could get an injunction to stop him and if he has made any money sue for loss and damage and claim those profits

JACUSTOMER-gpdqb4bw- :

What should I do?

Alex Watts :

You need to write and ask that he stops or say you will seek a Court order

Alex Watts :

If he refuses then you need to issue proceedings

Alex Watts :

You need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

JACUSTOMER-gpdqb4bw- :

OK, my regular lawyer says I have no copyright but she is wrong yes? WHat do the forms do?

Alex Watts :

The court will list the matter for hearing and decide whether to grant an injunction to stop him trading using this name,

Alex Watts :

Further you can also ask the Court for an order that he deliver his accounts and profits.

Alex Watts :

You dont need copyright for passing off

Alex Watts :

As for forms - cant you see the links I have given above?

JACUSTOMER-gpdqb4bw- :

Yes I see the links, thank you. I suspect he will not trade using that name. I suspect XXX Ltd will never trade, but any inquries he gets he will use in his trading co. XXX UK

JACUSTOMER-gpdqb4bw- :

I would prefer a lawyer to handle this rather than complete the forms myself or write the letter. I need to persuade my lawyer this can be done. I don't suppose you are in practice yourself?

JACUSTOMER-gpdqb4bw- :

Are you there?

Alex Watts :

He can't use anything related to your company name etc.

Alex Watts :

Sadly I can't be instructed by you - its against site rules

JACUSTOMER-gpdqb4bw- :

ok, that's not surprising. OK, I will take this information with me. I may find a new lawyer.

Alex Watts :

Of course.

JACUSTOMER-gpdqb4bw- :

My payment has been processed so that's it. Many thanks.

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-gpdqb4bw- :

Yes one more thing connected: the guy is an Indian national who is resident in the UK I believe without a visa. He has been trying to get information from me to support a Tier 1 entrepreneur visa. To do that he must show he increased our staff by 2 but it didn't happen. In fact went down by 2 (we got better). I've written to home office, no reply. How do I get rid of him. Anu ideas?

Alex Watts :

Sadly I can only help with the contract/passing off element, I know nothing about immigration

JACUSTOMER-gpdqb4bw- :

fair enough

JACUSTOMER-gpdqb4bw- :

thanks for your help

Alex Watts :

Can I help with anything else today?

JACUSTOMER-gpdqb4bw- :

That's all the trouble I'm in :)

JACUSTOMER-gpdqb4bw- :

thanx

JACUSTOMER-gpdqb4bw- :

btw

JACUSTOMER-gpdqb4bw- :

what does an injunction cost?

Alex Watts :

Ok! Can I invite you to rate my answer before you go today, the button should be at the bottom of the screen

JACUSTOMER-gpdqb4bw- :

typically

Alex Watts :

If you need more help please click reply

Alex Watts :

Cost - £155 application fee

JACUSTOMER-gpdqb4bw- :

ok, not too bad

JACUSTOMER-gpdqb4bw- :

thanx again

Alex Watts :

ok

Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

One more question, sorry. Typically how long does it take to get a hearing for injunction?

Expert:  Ash replied 2 years ago.
Normally a couple of weeks, but it can be within 24 hours.
Alex