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SS Legal Advisor
SS Legal Advisor, Advocate
Category: Law
Satisfied Customers: 581
Experience:  Senior Caseworker at DL Solicitors
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I started a compnay 3 years ago, called Drag Queen Story

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I started a compnay 3 years ago, called Drag Queen Story Time, with the permission of the US company Drag Queen Story Hour. Now, a previous performer has started their own company in the UK called Drag Queen Story Hour, and is deliberately leading clients to believe that they are my company and associated with Drag Queen Story Hour.
JA: Where are you? It matters because laws vary by location.
Customer: Bristol, England
JA: What steps have you taken so far?
Customer: We have contacted the US company to officially be recognised as the UK Chapter of Drag Queen Story Hour. However, in the process we have discovered that the person imitating my company has now filed a trademark in the UK on the use of Drag Queen Story Hour, UK despite being aware of the existence of the UK company and the trademark they hold on that name internationally.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We have been operating for over 3 years now, and our brand identity 'Drag Queen Story Time' has been associated with the performances - regardless of whether it is our performance, due to the success and prevalence of our organisation - I wondered whether under common law we would have any recourse. Or would we have to file to invalidate the trademark they have registered?
Hello,
I am an experienced legal advisor and I am happy to answer your question.You have two options.You can try to object to the trademark see link below.https://www.gov.uk/guidance/objecting-to-other-peoples-trade-marks-and-the-legal-costsOr you can sue them for passing off which can include damages for stealing your clients.You would need an Intellectual property solicitor to assist you with that.Kind regards
S
Customer: replied 11 days ago.
Do you happen to know the rough costs associated with sueing for passing off? We operate as a non-profit, so even pre Covid our budget was tight.
You can try to go it alone but generally speaking legal fees would be £200 per hour and court fee will be at least £300.
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