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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24625
Experience:  Senior Partner at Berkson Wallace
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I've had a rather upsetting phone call from a solicitors

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i've had a rather upsetting phone call from a solicitors firm called stating that they act on behalf of Shell International Limited. They have also sent me an email indicating I have registered an unauthorised company name, "Shell Group Ltd". From my understanding there has been no infringement and I've also gone through companies house website to see if there has been any foul play on my part; but this has not been the case. I also understand incorporating a new company will prevent other businesses from registering the same, or a very similar name to yours.The solicitor acting on behalf of Shell was threatening to take legal action against me for registering the company.
JA: Where are you? It matters because laws vary by location.
Customer: london
JA: What steps have you taken so far?
Customer: this was yesterday so nothing as yet. I need legal advice
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the solicitors have offered to pay my £30 to change my name

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Are you asking if you should do what they say?

Customer: replied 12 days ago.
I Dont believe i've done anything wrong. I want to know what my best option is
Customer: replied 12 days ago.
What should i do going forward? yes i would l like a call however im at work
Customer: replied 12 days ago.
could i pass you onto my partner who can speak with you today

Just because you can register a company name, doesn’t mean that you can use it.  And I am not at all surprised that Shell or SIPM have objected.

It’s unlikely that action against you for registering the company would succeed but they would almost certainly be able to take action against you for using the company name.

A lot depends on whether you want to do battle with a giant because they could tie you up in the legal costs for years even if there claim was not eventually successful.

The solicitors offer to change the name is ***** ***** bearing in mind that the solicitors have probably charge GBP500 to Shell just to get to this stage.

So you want to try going back to them and tell them that you would be happy to change the name but you want GBP500 in compensation and that if they don’t agree to that, you will bring this correspondence to the attention of the court as evidence of their unreasonable behaviour, if it gets that far.

It depends whether you want to bluff it.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart J and other Law Specialists are ready to help you
Customer: replied 12 days ago.
Thank you Stuart.
Customer: replied 12 days ago.
Stuart, im a newly start up business. As you said shell international is a big company and they feel i can confuse there customers. however, i am a cleaning company shell is an petrol and energy supplier. our names are ***** ***** My business name is ***** ***** ltd. now, as you said this is a giant can ask for a business start up grant to change the name. As i did really want that name as my cleaning company is a group of cleaning services.
Customer: replied 11 days ago.
ill take that as a no, thanks

I apologise, I have been off-line.

My advice to you is as I have already given you.

Your names are ***** ***** and you are not even in the same business but they are very “precious” with their identity.

I am not convinced that if they went to court, they would succeed but they could injunct you in the short term to stop you trading pending what could be an extremely risky court hearing.

It would be easy for them to allege that you have the name the Shell Group to put your business at the top of search engines and hence, you were living off the back of their name.

I’m afraid that saying that you really wanted that name as your cleaning company as a group of cleaning services, doesn’t really wash.  You could use any name Group Ltd.

I’m sorry I know it’s not the answer you wanted.

Customer: replied 11 days ago.
thank you, ***** ***** on universal credits and dont have much money please understand i appreciate your response £8 tip aint much but i want to show appreciation.

Please don’t apologise.  It is the thought that counts and it wouldn’t matter to me whether there was no tip at all or whether it was 50p.  I’m just glad to be able to help.  Thank you also for taking the time to respond.

Kind regards