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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 11698
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Our names front row events ltd im trying to stop other

Resolved Question:

hi our names front row events ltd im trying to stop other companies trading of the back of our name we have been running since 2012 and have built up a very good reputation with our clients how ever another company has not long set up a company called front row sporting events and this is confusing a lot of our clients and im worried if this other company does not full fill any orders taken it could ruin our company name would trade marking our company name help?
regards ***** ***** row events ltd
Submitted: 10 months ago.
Category: Law
Expert:  chatham-chamber replied 10 months ago.
Hi,It is definitely worth trademarking your company name.You may also wish to claim copyright infringement. What you have detailed above sounds like Passing-Off.Passing off is governed by the law of tort meaning that it concerns a dispute between two individuals or parties rather than an action being brought against an individual party by the state. In most cases this will be achieved by one party passing off the other party’s goods or services as those of their own.The goods or services in question must have goodwill attached to them. This specifically means that the goods will have particular identifying features or specifics that will enable members of the general public or a specific section of the general public to associate with those particular goods or services.There is no Statute concerning the law of passing off which has been developed in the UK solely by case law.This means that there is no legal definition for the above three tests with the most difficult to prove that of goodwill in a product, something which is often described as the consumer attraction to a particular brand. This attraction to a particular brand is what enables different consumers to distinguish between different brands on the market. The problem is that it is a very subjective test as the goodwill associated with one particular company may have very different affects on different members of the general public.At this stage, I would suggest you instruct solicitors to write to the other parties on your behalf asking them to refrain from using the name, failing which, you will commence legal proceedings.I hope this answers your question. If so, kindly ate the answer and provide feedback.If you have any further questions, please do not hesitate to ask.Kind regards,
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 11698
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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