Is this a breach of trademark?

[furrytoebean]

Hi everyone,

So I run a business.

Let's say I'm a hairdresser and my shop which has been running for years and is well established is called 'curly wurly hair'. I specialise in curly hair extensions.

Another shop who also specialise is curly hair extensions opens up in my city and calls themselves 'topsy hair' BUT they use the email address [email protected]

So have big banners with the fact they specialise in curly hair extensions and say 'contact Jane curlwurly at [email protected]

I own the trademark curly wurly hair and we live in the same city.

Is it still a breach of trademark even though they are called Topsy Hair??

Do you own the trademark?

It can be very expensive to own a trademark. How did you register it?

Yes I own the trademark, I registered on the governments website.

Ok, so you have to register in each category. You could own it it handbags but they could be selling a wig (as an example)

Are they using it in the category that you trademarked?

Yes it's the exact same business as me and definitely in the category I have it registered in.

They even share my niche specialism

If they were just outright using my name I wouldn't hesitate but I am confused as there business is called something else. It's just they are using my business name as a sub heading and an email address.

It's just such an odd thing to do!

It would lead people to believe that the business is connected to yours and therefore expect the same standards. If they have a disappointing service it could lead to your reputation being incorrectly tarnished.

I have companies (some big established ones too) using my copyright on selling platforms (jewellery images, ones I produce to a good standard but of an established brand so people think they can just copy). I find a polite but firm message along the lines below swiftly produces results.

You may not be aware but you are infringing my copyright (trademark in your case) . You have 7 days to cease and desist before I take action.

Yes and I've worked incredibly hard for my reputation and building that name for myself.

My clients that live closer to them may that may think we are connected and go to them instead of me.

Have you ever had someone not back down ripple?

I thought one wasn't going to. They were still using my images after 6 days. Big company too (multimillion) and Im a sole trader. The following week they'd changed to the stock images that the supplier made available.

Mostly, within 48hrs they just change the images.

Sending a message is the cheapest initial action to take.

You have the trademark so its not just about the business name its trade associated with that mark. I couldnt set up a website called mums and have a forum called mumsnet within it, then advertise come to our mumsnet - that'd be a clear breach of mumsnet trademarked rights

Thanks ripple

That's what I thought, it just makes me really stressed as I hate confrontation.

She's just paid for a massive banner and I feel bad for her but it has my name on it!