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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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Can you help me about Passing off? I have used two general

Customer Question

hi, can you help me about Passing off?
I have used two general words 'body laser' and now i am banned from using by a company called like that, of which existence i didnt know about till few weeks ago.
they call themselfs 'BodyLaser' and i do body laser so easy for me to use it and not think about is someone else using that. I used initially the 'BodyLaser' but i changed as soon as they told me i wasnt allowed, but as i tought is only a trade mark i did split the words thinking as part of an advert it is ok to use it - they complained i used that in same website they were - they are BodyLaser Clinics and i advertise as "body laser and micropigmentation at Cambridge city laser (i work for myself). then they also hunted my fb page - where is also mentioned Cambridge city laser. I used those words to discribe my business. Now they force me to sign a paper that i m not allowed to use 'body words' in certain counties! i feel that they restrict me from my business. I have changed the 'Body laser and micropigmentation' with ' laser hair removal' but they still want me to sign the letter. I dont feel that is quite correct but maybe legally i cant do anything about it? Shall i sign and let it go?
Submitted: 1 year ago.
Category: Property Law
Expert:  F E Smith replied 1 year ago.
Can you explain your situation a little more please? Is body laser a generic term which lots of people around the world use and this company have simply “grabbed” the name Body Laser?Where are they based?Has this letter come from a solicitor?You say they have banned you. Do they have an injunction or they have told you to stop?When did this company start? How big are they?When did you start?
Customer: replied 1 year ago.
Sorry, only now I saw it. They are on the market for more then 10 years I think and they established around uk. Accidently I used that word. Now is sorted. I did signed the letter as it would ve been for me too much trouble. I just think pple shouldn't have generic names as such.. I wish the law would not let them do that.. Thank you for your time.