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Same Name

(9 Posts)
FeralBeryl Tue 18-Oct-16 20:53:30

I run a small business, I have an Instagram account and someone in the same business, in the same city has started one.
Spelt very slightly differently (one letter)

What do I do?
Should I contact her asking her to change it?
Do I just make her aware 'formally' of my existence?

So as not to drip feed.
Mine has been going for 5 years and I'm quite active on social media so I'd be very surprised if they hadn't heard of it. It looks like theirs is very new.
I am not in a great place for confrontation at the moment - but confusion in clients could have serious implications for my reputation.

Help please oh wise ones sad

MrHannahSnell Tue 18-Oct-16 21:29:01

Get a solicitor to write asking for her to change the name or put a note on the site saying there's no connection with your business.

FeralBeryl Tue 18-Oct-16 21:33:29

Thank you!
I'll try and get some legal advice tomorrow.
It gets worse, they are not qualified or registered in our field (unfortunately legal) but that is something I take very seriously angry

FeralBeryl Tue 18-Oct-16 22:00:25

Asking to delete thread so I can post in legal

AliceMumsnet (MNHQ) Wed 19-Oct-16 11:46:52

Hi there

We're moving this thread over to our Legal topic now

FeralBeryl Thu 20-Oct-16 01:29:59

Much obliged Alice smile

Collaborate Thu 20-Oct-16 08:06:01

I think it's called passing off, but it's not something you want to do without taking proper professional legal advice. You can't do this on the cheap. If you say where roughly you are I'm sure someone will be able to recommend where to go to for advice and representation.

prh47bridge Thu 20-Oct-16 08:14:12

If you have not trade marked your name you are still protected as they are potentially passing off, i.e. they are misleading people into believing that their services are, in fact, your services in a way that damages your goodwill. It doesn't matter whether or not this is intentional on their part. Note, however, that if the person behind the new business is using their personal name that would be a defence against accusations of passing off. There are also some other defences available to them.

I would second the suggestion of writing to them or getting a solicitor to do so. That would be a good initial step and may persuade them to use a different name.

Creampastry Sat 22-Oct-16 07:45:45

Are you registered at companies house?

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