How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

A company is passing itself off as ours and has cost us a

Resolved Question:

A company is passing itself off as ours and has cost us a substantial amount of money. What can we do?
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

Can you explain the situation here in more detail please?

Customer: replied 9 months ago.
In 2010 I summarily sacked a director and 45% shareholder for selling company products and pocketing the proceeds. My company was taken to tribunal but our solicitors agreed before court that I would pay £7000.00 for the 45% and again become a 100% shareholder. At this time the 45% was worth approximately £100,000.00. The errant director already had a company called Pegasus Developments,incorporated after joining my company Pegasus Industrial Products; also among our companies are Pegasus UK Ltd and Pegasus Diamond Ltd plus other dormant Pegasus companies. Agreed and signed during our solicitors meeting was that the director would change the name of Pegasus Developments to Peg Dev to avoid confusion with ourselves and could not trade under any Pegasus name. Within one month he had contacted our customers telling them to pay Pegasus Developments.We have suspected for years that he has traded us our name and passing off our products. Yesterday we had an e:mail in error proving this to be the case. We estimate that it has cost our company between £500,000.00 to £1million over these years.
Expert:  F E Smith replied 9 months ago.

I would suggest that you got your current solicitors to write to his solicitors reminding them of the terms of the earlier agreement and telling them that their client is not only failed to change the name as agreed, you have evidence that he is now passing off as your business and that the estimate of your loss incurred as a result of this passing off is what it is

You require him to immediately cease trading in any way which would even remotely be confused with your various Pegasus companies. You require him to account to you for any products which he has sold as a result of the trading style, the names of customers, suppliers, et cetera et cetera and failing a satisfactory response by close of business next Friday, you will then make an emergency application for an injunction to make him cease trading and to freeze his assets the solicitor will know exactly what to say if you don’t have that response by next Friday, on the Monday, you make the application to court.

Because of the magnitude of the problem I would not suggest that you wrote yourself but going with solicitors guns blazing.

The letter could either be sent to the culprit and copied the solicitor or sent to the solicitor and copied to the culprit.

You would normally ask the culprit does he want to instruct solicitors to accept service of proceedings and ask the solicitors whether they are instructed to accept service of proceedings.

Can I clarify anything for you?.

Please rate the service positive. It doesn’t cost you anything but helped me greatly.

We can still exchange emails.

Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice