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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I set up a fireworks display company 30 years ago, it is a

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I set up a fireworks display company 30 years ago, it is a "trading as company" trading as wizard fireworks, I have noticed that someone has now set up a ltd company of the same name also offering fireworks displays, I have written to them asking that the stop trading under that name but they have continued and are also targeting my clients, who has the legal right to trade using this name.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Have you received any response to your request for them to stop using your name?
Customer: replied 1 year ago.
They told me to go forth...
they have never answered any mail sent just very abusive when I called.
Expert:  Jenny replied 1 year ago.
Ok did you register the business name as a trade mark and is it the ltd company names that are identical or nearly identical or is it the trading name?
Customer: replied 1 year ago.
I did not register the business name as a trade mark, and the only difference between the names are ***** ***** have an LTD at the end of there's, but we are both referred to as Wizard Fireworks...
Expert:  Jenny replied 1 year ago.
Ok but what is your limited company name? Is it something completely different?
Customer: replied 1 year ago.
Me: Christopher Pearson T/A Wizard Fireworks
Them: Wizard Fireworks LtdBoth known as Wizard Fireworks.
Expert:  Jenny replied 1 year ago.
Ok so you are not a limited company but operate as a sole trader. I just need to be sure that I understand the position properly?
Customer: replied 1 year ago.
Yes that's correct.
Expert:  Jenny replied 1 year ago.
It is a difficult situation, they can be considered to be 'passing off' as your established business and you have legal rights in that regard. It may be worth now registering your business name as a trade mark to strengthen your position https://www.gov.uk/how-to-register-a-trade-mark, is the web address should you wish to do that. You can write to them to ask them to cease using your business name immediately and to ask them to stop passing off as your business and say if they are not prepared to do so immediately you will take them to court. You may ultimately need to try to get an injunction to stop them from doing this. If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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