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 Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5064
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

My company owns the trademark The Cocktailors but a

Resolved Question:

Hi, my company owns the trademark The Cocktailors but a competitor is trading under The Cocktailor which is a trademark infringement surely. We have asked them to stop which they agreed to but have found out they are still trading on it. What can we do? Do we have a case?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

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

When did they and you start trading?
Are they in the same industry sector and location?

Customer: replied 1 year ago.
Hi,Thanks for the email. We started trading on the 15th January 2015 and obtained the following trademarks on the 19th October 2015The cocktailors
cocktailor
Cocktailors.They are not a limited company so i do not know when they are incorporated. Vis a phone call they were very apologetic and said they didnt realise and would stop trading on our trademark.We run exactly the same businesses. Ours is www.cocktailors.co.uk and his is www.thecocktailor.com. His website said he established in 2015 too.
Expert:  Jamie-Law replied 1 year ago.

Are they in the same location?

Customer: replied 1 year ago.
Both in the UK. We are based in Newcastle, him in Birmingham,
Expert:  Jamie-Law replied 1 year ago.

What is it you want to achieve please?

Customer: replied 1 year ago.
We would like them to stop using the same name as us.
Expert:  Jamie-Law replied 1 year ago.

You want them to stop - but didnt they say they would stop using the mark in the earlier reply you gave?

Customer: replied 1 year ago.
they did but they are now ignoring the issue and still trading under the name when a few months ago they said they wouldnt. They must not be planning on stopping using the name, they said it to stop us taking it further previously.
Expert:  Jamie-Law replied 1 year ago.

OK - you need to write and ask them to stop or say you will seek an injunction. Give them, say 14 days to stop and if they dont you can seek a Court order.

You would need to complete forms N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

And N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

The court will list the matter for hearing and decide whether to make an Order stopping them. If the Court does and they refuse, this is contempt of Court which they can be warned, fined or sent to prison

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
With the forms, how do we know what the court fee and legal representatives costs are? Can you offer help to fill the forms in?
Expert:  Jamie-Law replied 1 year ago.

Legal representative costs, you wont have any. Court fee is £355.

I can help to fill them it, but it would be at additional cost.

Expert:  Jamie-Law replied 1 year ago.

If you dont want to accept the additional service that is fine, you can just rate my answer for the guidance given so far. Thanks in advance!

Jamie-Law and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thanks. I will come back to you on this. Thank you for your help.
Expert:  Jamie-Law replied 1 year ago.

Sure, if you need further help you can post a new question for my attention if you get stuck.

All the best.