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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a business premises called Heartsay Garage 14 years

Customer Question

I bought a business premises called Heartsay Garage 14 years ago, Now the person I purchased it from has put up some new buildings behind me on land he owns and is using the same address name ( Heartsay Garage ). I am a garage and he sells parts. The problem is I have now dropped off all online postcode searches due to his 2 new business's using the same name and lots of my post is being lost. What can I do to enforce him to change his address name? I own the freehold and it clearly states I have purchased Heartsay Garage.
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello, is there any other information you could give me please. Thank you.
Expert:  Ben Jones replied 10 months ago.
Hello, sorry for some reason my follow up query did not show up earlier. I was wondering if he has actually called his business the same as yours and is advertising it with that name or is it just the address where he is using that name?
Customer: replied 10 months ago.
just the address and building name. there has been a car garage on the site for 90 years called heartsay garage and I bought the garage from him. So me and my staff end up with most of his deliveries and most of his post. It costs me money to pay my staff to accept these then redeliver them to him. I am also loosing post that I think is being delivered to him. he will not talk to anyone about it in fact he was recently arrested for criminal damage to one of my customers cars.
Expert:  Ben Jones replied 10 months ago.
Thank you. The issue here is that the law does not really offer protection for someone who is using the same name in their address. You do have protection if the business name was the same. For example if your business was called Heartsay Garage and he opened up another business round the corner with the same name, you could have rights under the laws of passing off. This is where someone infringes on an unregistered trademark so it protects the goodwill of a trader from a misrepresentation. This happens when you have been running an established business and have created goodwill attached to it, such as the name, the brand and people have come to know it. Then if someone comes along and uses the same or very similar name and it can affect your business, such as by confusing customers as to who they are really dealing with, it could amount to passing off and you could take action. However, just having he same address name is ***** ***** unlawful. This would have to be resolved by contacting Royal Mail and seeing if they can provide some differentiation between the two properties, as there must be some details they can change to make the two at least slightly different so that there is no direct confusion. It could be the building name, the plot name, etc. However, in the circumstances it would be the only thing that can be done, unless it was the business names which were the same. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 10 months ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 10 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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