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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8721
Experience:  I have been practising for 30 years.
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I have a company name called "Visit Us LTD" but we have been

Customer Question

Hi
I have a company name called "Visit Us LTD" but we have been trading under "Visit Carlingford" since 2012. This year another company has set up "Visit Carlingford LTD" offering what we offer trying to sell our business. We have built up a great reputation but this is now really starting to impart on our business. I wanted to see if there is anything we can do seeing as we have been trading as Visit Carlingford for so long? Any advice would be much appreciated.
Kind Regards
Richard
Submitted: 4 months ago.
Category: Law
Expert:  F E Smith replied 4 months ago.

Just because they have registered a limited company doesn’t mean that they can trade as that limited company. It means simply that the limited company name was available.

They have clearly decided that you have a good name and that they would grab it to try to live off the back of yours.

They are “passing off” by choosing a name which is so close to yours.

I suggest you get a solicitor to write to them to tell them to either change their company name and their trading style failing which you will make an emergency application to court for an injunction (and legal costs) to prevent them continuing to use the name and you will also be seeking damages and compensation from them in respect of any loss of business this causes you.

They would take more notice if that letter comes from a solicitor than if it comes from you.

Can I clarify anything for you?

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

We can still exchange emails. Best wishes. FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8721
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Hi FESThank you for your quick reply.This is great to no something can be done as I wasn't sure seeing as they have Visit Carlingford LTD registered and I thought this would work in their favor. Our website is visitcarlingford.com and they have even registered visitcaringford.co just to catch our business.Thank you for this I will contact a solicitor and push on with it.Best wishes
Richard
Expert:  F E Smith replied 4 months ago.

Thank you.

With regard to the website, you need to put a claim into Nominet.

You can have the domain transferred into your name because they have no right to it if they are just trying to live off the back of your business and they only registered the domain after you were trading.

Domain squatting, is not illegal and they are able to do it.

If they had the name registered for a long time and you started trading sometime afterwards, then they are allowed to keep the name (but not use it) and they could sell it to you even at an inflated price.

However, what they can’t do is see someone else’s name who is already trading and then go and register domains in that name to prevent the one that is already trading getting it.

You need to tell the firm (solicitor will tell them) that unless they agree to transfer that domain to you, you will file a complaint with Nominet.

It is some years since I dealt with one of these claims to Nominet but I do know there is quite a substantial fee (it was about £600) for submitting the claim.

Customer: replied 4 months ago.
Thank you for all this I wasnt sure what to do. I will get onto this tomorrow.Thanks again and if I think of anything else il be in touch again.Kind regards
Richard
Expert:  F E Smith replied 4 months ago.

If you ask forme personally, “For FES only”, you will then be dealing with me because I obviously know the background.

Best wishes.

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