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?
Hello my name is ***** ***** I will help you with this.
For now please let me know whether it is in the same industry sector please?
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.
I just need to know whether he started up this business in the same industry sector
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.
What about my account? Can we continue like this?
We can continue like this but as an expert I have no access to the system beyond answering your question
But his company ST - in the same sector as you, is that right?
Yes, exactly the same -XXX arms
I trade asXXXX he has registered XXX Ltd.
Ok - in that case it makes no difference whether you have trademark
You can show 20 years use
He is using the same or similar name which could be confusing to customers
This is called passing of
* off *
for me its a trading as name. My companies have other names.
passing off, ok
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
What should I do?
You need to write and ask that he stops or say you will seek a Court order
If he refuses then you need to issue proceedings
You need to complete form N1
OK, my regular lawyer says I have no copyright but she is wrong yes? WHat do the forms do?
The court will list the matter for hearing and decide whether to grant an injunction to stop him trading using this name,
Further you can also ask the Court for an order that he deliver his accounts and profits.
You dont need copyright for passing off
As for forms - cant you see the links I have given above?
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
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?
Are you there?
He can't use anything related to your company name etc.
Sadly I can't be instructed by you - its against site rules
ok, that's not surprising. OK, I will take this information with me. I may find a new lawyer.
My payment has been processed so that's it. Many thanks.
Can I clarify anything else for you?
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?
Sadly I can only help with the contract/passing off element, I know nothing about immigration
thanks for your help
Can I help with anything else today?
That's all the trouble I'm in :)
what does an injunction cost?
Ok! Can I invite you to rate my answer before you go today, the button should be at the bottom of the screen
If you need more help please click reply
Cost - £155 application fee
ok, not too bad
One more question, sorry. Typically how long does it take to get a hearing for injunction?