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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can a company use the URL of a company whose trading name they

Resolved Question:

Can a company use the URL of a company whose trading name they do not own?
For example : if I have bought the trading name of Hackett Media Services can another company use the URL online of hackettmediaservices.co.uk?
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 :

It depends. The one you suggest would indicate passing off.

Alex Watts :

That is, would a customer be confused between the URL and company name.

Alex Watts :

If so its likely to be passing off.

Alex Watts :

The test for domain name disputes is:

Alex Watts :

(i) The Domain Name is ***** ***** confusingly similar to a trademark or service mark in which Complainant has rights; and

(ii) Respondent has no rights or legitimate interests in respect of the Domain Name; and

(iii) The Domain Name has been registered and is being used in bad faith.

Alex Watts :

If the answer to all these is yes then it can't be used

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hello again,

Alex Watts :

Hello

Customer:

The situation that we are in is that another company (who is registered

Customer:

Hello again,

Alex Watts :

Hello.

Customer:

The situation we are in is that another company (registered under another name) are using/trading under our registered name both on their website and they have also bought the same .co.uk url. This means that, if we spend money advertising on TV, we could lose a lot of our leads to this other company which, clearly, we don't want to do. Can we stop them trading under a name that we have registered with the National Business Register?

Customer:

Many thanks,

Alex Watts :

You would need an injunction for that.

Alex Watts :

I assume they are in the same industry sector?

Alex Watts :

But yes you can stop them but need to go to Court.

Customer:

Yes they are....

Alex Watts :

Ok, then you would need to go to Court.

Alex Watts :

You need to complete forms 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

Alex Watts :

The Court will list the matter and decide whether to give an injunction

Customer:

Thank you for your help.

Alex Watts :

Can I clarify anything else for you?

Customer:

No - that's great - many thanks for your help.

Customer:

Best regards, Pauline.

Alex Watts :

Great. if I could ask you to rate my answer before you go today please, the button should at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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