How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

In March 2014, we sold our business which included our surname in the business name. It wa

Customer Question

In March 2014, we sold our business which included our surname in the business name. It was verbally agreed that the buyers would change the business name after a couple of months (nothing was put in writing.) Nearly a year down the line they are still using our name and worse still linking themselves with our other local business. When customers ask, they imply that we still own the business and that they send work to us. The business is still associated with us because of the name and the fact that they link themselves with us. Is there anyway we can get them to change the business name which contains our unique surname?
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 :

Was it Ltd company?

JACUSTOMER-o0e37247- :

No, it was a sole trader.

Alex Watts :

Did you sell the business name with the business?

JACUSTOMER-o0e37247- :

We sold the business as a running business. As far as I am aware, the business name was not mentioned anywhere on the paperwork.

Alex Watts :

Ok, you can get a Solicitor to write them a letter, outline what was said and ask them to stop or say you will go to Court.

Alex Watts :

If they refuse then you can issue proceedings.

Alex Watts :

You would need to use form N1

Alex Watts :

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

Alex Watts :

N16a

Alex Watts :

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

Alex Watts :

You would be asking the Court for an Order that they do not and cease to use your name

Alex Watts :

If the Court grants the injunction and they breach it, then they would be in contempt of Court. They could be warned, fined or sent to prison

Alex Watts :

If the matter is contested the Judge will give directions for trial and decide whether an interim order is required

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-o0e37247- :

How would I determine whether the business name was included in the sale ? Could I ask the solicitor who acted on our behalf ?

Alex Watts :

Yes you can ask.

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-o0e37247- :

No. You have been a great help. Now I know that I might have a "leg to stand on." Thanks.

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screem

Alex Watts :

If you need more help please click reply

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

Just one more thing. Does it matter that our other business does not trade under the same name. This business does not include our surname in the business name.

Expert:  Ash replied 2 years ago.
No, it does not. It is using your unique name as you said.
Alex