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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 11825
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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I am starting a company here in the UK by the name of

Resolved Question:

Hi I am starting a company here in the UK by the name of 'Broken Skateboarding'. We received a Cease & Desist email from a company in Canada by the name of 'Broken Skateboards' here is what the sent us:
It has come to our attention that you have misappropriated the name "Broken Skateboards" which is a registered company that has been in business since 2007. Immediately cease and desist from any further use of the name "Broken Skateboards" or the name "Broken" in the promotion or use of any activity or products associated with skateboards and any associated promotional products such as, and not limited to: ***** ***** Hoodies, or any other clothing.
I was wondering where we stand on this? I have done extensive research on this company and the are not registered in any Canadian business databases, no intellectual property is owned by them and the don't even have a website. The only online presence they have is a facebook page that isn't really maintained.
Please help me with this
Thanks *****
Submitted: 1 year ago.
Category: Law
Expert:  chatham-chamber replied 1 year ago.
Hi,The situation you have described seems to be an allegation of either Passing Off or Copyright Infringement.In order for them to be successful, they would have to prove that your use of the name causes confusion in the minds of the general public who may come across the two businesses. If confusion can be caused, they have a potential case against you.If successful, they could possibly request a court for you to account to them for the revenue generated.I hope this answers your question. If so, kindly rate the answer and provide feedback.If you have any further questions, please feel free to ask.Kind regards,
Customer: replied 1 year ago.
Like I said they have basically no online presence other than a Facebook page so how likely is it that our business will be confused with theirs? Would it just be easier to change our name?
Expert:  chatham-chamber replied 1 year ago.
Hi, There could still be confusion in the skateboarding community. How much, I am not sure.It may be worth changing the name as this would stop any potential legal action.I hope this answers your question. If so, kindly rate the answer and provide feedback.If you have any further questions, please do not hesitate to contact me.Kind regards,
Customer: replied 1 year ago.
Do you think something like 'BRKEN SB' is enough of a name change?
Expert:  chatham-chamber replied 1 year ago.
Hi,That is still too close. I would suggest Busted Skateboards.I hope this answers your question. If so, kindly rate the answer and provide feedback.If you have any further questions, please do not hesitate to contact me.Kind regards,
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