Ignore the fact that you have not trademarked your name and also ignore the fact that they have trademarked their name.
If they have been running longer than you and your name is ***** ***** to their name and if you are in the same type of market, they can make you change the name by alleging that you are passing off as them and trying to trade on the back of their name and reputation..
If you had been running longer than them, even though they trademarked their name, it is unlikely that they would be able to force you to change your name.
The test for whether they could successfully bring a “passing off” action would be whether the average person would look at your identity and look at the other business identity and be confused into thinking that they were the same business.
Can I clarify anything for you?
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I have looked at the 2 websites and I cannot see how anyone could be confused that one was the same as the other.
I can’t see that clauses 2 or 3 are actionable.
Just because they may be next to each other when someone does a Google search doesn’t mean there is confusion. It may be that your Optimisation is simply better than theirs and gets higher rankings. Clearly, that has niggled them.
Certainly, with regard to item number four, you are not allowed to publish images showing the clients logo.
If you are based in London and they are in Dublin, would need to apply to court in England to get an injunction to prevent you from trading and carrying on with these activities.
Depends how much money they have the risk going to court and how much money you want to risk defending any action.
My suggestion would be to make halfway house proposal whereby you remove any goods from the site which you do not sell and you remove the image of the fighter referred to at 4.
Then, see whether they come back to you saying that you have not gone far enough.
If you want me to word the letter for you, please let me know and I will submit a Premium Services Proposal for you for which there is an extra cost. All you would need to do then is to cut and paste the words into your own letter and send it off.
Although the RoI and procedures may be different than UK, the underlying and the principles are the same.
My answer remains the same and the wording of any letter would be the same although you would obviously need to tell them that the London address is incorrect and has been changed.
You need to accept the premium services and I will get the wording of the letter for you.
Litigation needs at least 2 parties and neither goes to court expecting to lose. Nonetheless, one of them does even though they have been told by their respective legal advisers that they have a good chance of success. He has a different opinion than me.
If your adviser is so confident, make sure that he doesn’t want paying in the event that any litigation does not go in your favour. Make sure that his work comes with a guarantee.
There is no need to reply to the thread otherwise it comes back to my inbox.
I disagree that you would necessarily lose. However what I do agree with is that this is not something that I would want to testing court purely because of the uncertainty of it. This could go either way in front of a judge.
I do not think they have a good case with regard to the passing off. However, that’s not to say that they will not take it to the wire, it costs lots of money and then it could go either way court depending on the whim of the judge.
Court is to be avoided at all costs. It depends whether they decide to go that far.
The law in RoI, NI, Scotland , England & wales is exactly the same. It would come down to what a Judge decidedon the point. If you want 100 guaranteed risk free, then change the name in which case there was no need to ask the question. I will opt out.