Hello my name is ***** ***** I will help you with this.
On what basis have they said you have been infringing?Alex
A phone call is an additional fee, as some customers prefer to talk over the phone.
I just need to know the basis on which they say you are infringing. If you dont want a phone call that is fine.
I dont need to look at files, just need to know what the Solicitors say
There are quite a lot of documents, please bear in mind you have only paid a limited fee whereas a High Street Solicitor would charge circa £200 an hour.
So they object to you using the name, in short?
No. The test is would you confuse a customer between you and them.
If the answer is no, then there is no passing off.
You are therefore only liable for passing off if a customer is going to be confused between them and you.
Can you use the name and say its a replacement - the answer is yes.
Otherwise no one could ever use the word McDonalds, because of the restaurant.
Therefore as long as you make it clear they are replacements and nothing to do with Crittall whatsoever then you will be ok
Can I clarify anything for you about this today please?Alex
Yes I think replacements is clear.
Maybe something which says on your website you are not affiliated with Cirttall would help. But I dont think it would confuse a customer as it stands
Does that clarify? Alex
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Yes that seems ok! Alex