Hello my name is ***** ***** I will help you with this.
It depends. The one you suggest would indicate passing off.
That is, would a customer be confused between the URL and company name.
If so its likely to be passing off.
The test for domain name disputes is:
(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.
If the answer to all these is yes then it can't be used
Can I clarify anything for you about this today please?
The situation that we are in is that another company (who is registered
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?
You would need an injunction for that.
I assume they are in the same industry sector?
But yes you can stop them but need to go to Court.
Yes they are....
Ok, then you would need to go to Court.
You need to complete forms N1
The Court will list the matter and decide whether to give an injunction
Thank you for your help.
Can I clarify anything else for you?
No - that's great - many thanks for your help.
Best regards, Pauline.
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