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Is it legal for another company to use my registered company name?

Discussion in 'Legal Issues' started by Overseas, Oct 27, 2006.

  1. #1
    Dear all, we are based in the UK, and have a registered limited company since 2002, now for some years a company has been using our name, they are based in Northern Ireland, and are in the same industry as us.

    I believe they where set up quickly, as the company we left we're realy miffed that we had started our own business.

    I was wondering what's our legal situation on this, are we able to stop them from using our name, they are using it as a whole and with dashes in, throughout there entire website.

    Would love to hear your thoughts on this.
     
    Overseas, Oct 27, 2006 IP
  2. Rod

    Rod Well-Known Member

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    #2
    If they are legally incorporated then you need to take up the issue with the company registration board. It would seem unlikely that the exact same company name could be registered.
     
    Rod, Oct 27, 2006 IP
  3. forkqueue

    forkqueue Guest

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    #3
    I'm no lawyer, but my understanding of the situation is that if you have a registered company and they are trading as the same name, they are 'passing off' themselves as you, and you can sue them.

    If I were you, I'd go an get some proper legal representation sharpish.
     
    forkqueue, Oct 27, 2006 IP
  4. Overseas

    Overseas Well-Known Member

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    #4
    Thanks for the comments, Fork, they are unable to trade as my company as we are registered with Compaines house, what they are doing is using our name in there content, (i'll pm you the details if you would like)
     
    Overseas, Oct 27, 2006 IP
  5. mad4

    mad4 Peon

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    #5
    They can't use your name. I suggest you hire a lawyer or contact your local chamber of commerce to get some advice.
     
    mad4, Oct 27, 2006 IP
  6. Overseas

    Overseas Well-Known Member

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    #6
    :) after talking to a local solictor, they are using our name as a "TRADING VEHICLE" and "Passing Off" our company name ... a solicitors letter is winging it's way to them early next week.

    Will keep you posted as this case can go to court :eek: I believe we have a good case.
     
    Overseas, Oct 27, 2006 IP