Business name copied

[bookworm1982]

Hi, sorry I know this isn't exactly 'chatty' but wasn't sure where to post this and wanted to make sure it was seen. We have a business (a restaurant), which has been around for 10 + years, and I have just seen that there is another business, selling exactly the same type of food, with an almost identical name to us (the only different is they've used a hyphen in the middle). As a result, we are getting calls saying things have not been delivered, when they clearly mean the other shop, and also people are posting reviews for our place on their Facebook page (we know it's us because customers have included photos), yet this restaurant are just accepting the reviews (liking them), knowing full well they're posting on wrong page!

Anyway, do we have anything here? Could we seek legal advice, or are they doing nothing wrong?

Hoping someone has some advice. I have Googled but it looked a minefield of information.

Thanks so much in advance xxxx

Have you trademarked the business name? By which I mean, have you made an application to the IPO office and paid the fee, and received confirmation that you’ve trademarked that business name? If so then it’s fairly straightforward, you just tell them to stop.

If not then you’d be looking at taking the other business to court, and would have to establish that your business name is an “unregistered trademark”. You may or may not succeed, and it will cost you a lot.

Third option: assuming neither you or the new business has trademarked the business name, you could trademark it now and send them a cease and desist letter?

I think you'd be better off posting this in the legal section.

I don't know the full details but my friend had similar. it's called passing off - I think you need to get a solicitor involved and send them a cease and desist letter as a first step.

I think I'd also make it clear on social media what's going on to your customers and respond to reviews - but try to keep it calm, polite, professional and factual!

I don't know the legalities around your question unfortunately but this happened in our town. The second restaurant was very poor, lots of bad reviews, missed deliveries, shocking customer service. The original restaurant put a big announcement on the top of their website and on their social media pages saying something like "we are not x business at y address and have no affiliation with them. Any issues with x restaurant please address to them directly"

This might help in the interim while you look into the legalities

Thanks everyone. This is very helpful and a good place to start xxx