Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if it is the same industry sector please?
Hello, this is the IT Hosting Industry
sorry - yes, same industry
Alex Watts : Ok.
Alex Watts : But you are Headspace and they are Rackspace?
Yes, we are Headspace HQ Limited, and they are Rackspace Limited
Alex Watts : Thanks. The legal test is could a customer be confused between you and them.
Alex Watts : Given the names are ***** ***** I don't see how they can claim this. They would in effect also need to sue anyone with the Name Rack in the name
Alex Watts : I am sure they are not doing that and this action is because you left.
Alex Watts : You should write back and refuse to supply the details and say you will defend any claim in court
Alex Watts : Your name is ***** ***** from theirs.
Alex Watts : You can reject the claim and say if they issue proceedings you will seek your costs
Alex Watts : Can I clairfy anything for you about this today please?
yeah, that is what in thinking as well.. there are a number of other hosting companies with similiar names!
Ok, with regards ***** ***** injunction - is something they might be able to get ?
Alex Watts : Unlikely
Alex Watts : They would need to apply on norice and you could defend it.
Alex Watts : Does that help?
ok yes that does - thank you very much, just wanted to get a second opinion on what I had already read and thought myself!
Alex Watts : Indeed. Does this answer the question for you today?
it does - thank you.