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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3844
Experience:  Solicitors 2 years plus PQE
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I set up a food festival and it has run years with its name.

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I set up a food festival and it has run for five years with its name. It is not running this year and someone in planning to use the name without discussing this with me. The festival is set up as a Community Interest Company. What should I do, what can I do?
Customer: replied 1 year ago.
the other party want to use the same name for the festival they want to run in September this year. the CIC is in discussions with another organisation to take on the CIC and run the festival next year 2017. The CIC has a logo, website and social media properties with the relevant names

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the logo registered as a trade mark? Technically even if it is not a registered trade mark the other party could be guilty of "passing off" the name of the festival for its own gain. The law Passing off is where some one rides on the back of the goodwill and name of another party to unfairly take a commercial advantage. You would have grounds to stop them using the name as you can clearly prove a trading history of five years, and that money and time has been spent on the name website and place of business. Have you thought about getting a local solicitor to write them a letter warning them off and stating that damages or an injunction could be sought. The gravitas of seeing a solicitors letter will often stop and make people think twice about what they are doing? Kind regards AJ

Customer: replied 1 year ago.
No the name or logo was not trademarked as it is a CIC and money is limited. Thanks you have confirmed my thiking that we have the 5 years use of the name and the company set up I will contact a local solicitor to draft a letter. I dont want to stop them running the event just not use the name

No problem. I wish you the best of luck. Please do not hesitate contact me if I can assist any further? Kind regards AJ

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