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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am looking advice regarding 'passing off' I have

Resolved Question:

I am looking for legal advice regarding 'passing off' I have discovered a competitor that has essentially copied my service like for like and taken content from my website and very slightly reworded it. This competitor gathered their information as a customer then took their findings to set up a competing company.
I am wondering how effective 'passing off' cases are. I am not looking for financial gain from it I just want to highlight to them that this is not acceptable.
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

Would a customer be confused between what you said and what the competitor says?
Alex

Customer: replied 11 months ago.
Hi Alex.Thanks for your reply, could you explain further what you mean with this question?
I don't think the customer would be confused, I think they would see two very similar services.
Expert:  Ash replied 11 months ago.

Ok - in order to achieve passing off you would need to convince a Judge that the information you have on their website is confusingly similar to yours. You cant stop someone else setting up a business and using similar information.

The Court must be satisfied that it is so similar that a customer would be confused between yours and their website.
If you can satisfy that then you have a claim.

Can I clarify anything for you about this today please?
Alex

Customer: replied 11 months ago.
Thanks Alex, makes sense.I would say that their design and content is different enough to look like a different company.
Perhaps 'Passing Off' isn't the right wording for this. Is there a way of stopping someone from taking my content e.g. wording and ideas. I wanted to send an email or letter to highlight that I know about content and ideas being copied in an attempt to stop it happening. They are entitled to a business I just don't want them to keep taking my ideas - is there any way to protect my business? Thanks.
Expert:  Ash replied 11 months ago.

Yes you can get a local Solicitor to send a letter and express how unhappy you are.

You can protect your business, because you have been doing it for longer.

But sadly if its been re-written enough the Court is unlikely to be able to do anything.

Does that clarify? Alex

Customer: replied 11 months ago.
Thanks Alex, yes that does clarify - I appreciate your answers.
Expert:  Ash replied 11 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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