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AIBU?

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Original poster

To send a cease and desist.

76 replies

Teacuphiccup · 15/04/2018 09:10

I run a small business and one of my clients came to me last week and said ‘I never realised you were a franchise you know’ and I was like ‘what?’.
It turns out that another company has set up with my exact name doing the exact same thing as me but has just put their city on the end of the name. So instead of ‘teacuphiccup’ they put ‘teacuphiccup Swansea’.

My name is trademarked and I own it in the category in which she is trading.

I have sent her a message on facebook explaining that she probably didn’t realise and could she change her name please (she’s only been trading four months) and she replied that she wouldn’t because it wasn’t the same name because she’s put her city name on the end.

I feel really dirty going to a solicitor but I’ve worked really hard for my reputation and I feel people thinking I’m a franchise cheapens my brand.

OP posts:
UpstartCrow · 15/04/2018 11:33

You can say 'I am not affiliated with any other business'.

Xenia · 15/04/2018 11:34

ICan't is not the one to follow on this thread. Follow poodle's comments who is an IP solicitor.

From a practical point of view you have contacted her on facebook and she has refused to change the name and branding so why not write to her by special delivery saying the matte ris being passed to solicitors and unless she stops infringement you will take legal action (that won't cost you anything to start with)., Send her a copy of your trade mark certificate too and explain you breach trade marks even if the name is similar but not identical.

You might also want to find out who hosts her website to see if you can get it taken down and secondly if she has a domain name like your trade mark there is an on line process you can go through to have that dispute resolved without a court hearing.

Most of all you don't want to waste an awful lot of money on it out of proportion to the loss and probably you are likely just to get her to change her name not to get money out of her in most cases so try to do whatever you can which does not cost you much money.

Juells · 15/04/2018 11:46

CF!

Mummyoflittledragon · 15/04/2018 11:47

Take screenshots of her website and if you can photos of her business premises before you contact her again. She may well temporarily change things. Then change them back once the heat is off. She sounds like a cf.

Jaxhog · 15/04/2018 11:49

Nothing dirty about protecting your business! You've worked hard to get where you are. She hasn't.

I'm guessing that she hasn't attempted to trademark her 'name' as they would have told you. Definitely time to see a solicitor.

Can you tell your customers (and put on your website) that her business is not associated with yours in any way?

Deux · 15/04/2018 11:51

I'm confused by Ican'ts comments and struggle to see their relevance as often the legal entity registered at CH bears no relation to the trading name of a Ltd Company.

AnnieAnoniMouser · 15/04/2018 12:00

Don’t feel bad. She did this intentionally, it’s the same as her sticking her hand in your till. Protect your business to the full extent of the law 💐

MrsHathaway · 15/04/2018 12:23

I think ICant's contributions are confusing matters. Do listen to poodle.

Did you get your TM registration through a TM attorney? If so, I'd recommend contacting them first to issue the cease and desist. They will have all the necessary data right in front of them, not to mention bags of experience writing exactly that letter.

If not, do contact a specialist IP solicitor (I can make recommendations if you want to pm, and I'm sure poodle also would). This is bread and butter work for them and shouldn't be expensive.

There is literally no point having a trade mark registration if you don't defend it vigorously. It might make you feel icky but filing your application didn't and it's part of the same process.

As a more general point, strong trade mark names like Kodak or Pimms don't use words that describe the products/services so anyone using those names to sell knockoffs can't claim coincidence. If you use something descriptive or generic e.g. Nice Cakes Bakery then you need to add something distinctive to get it registered as a trade mark, such as a unique logo or typeface. There are interesting examples of companies registering entire colours as trade marks because they're so closely associated with the brand, e.g. purple for chocolate (Cadbury).

If OP has more of a Nice Cakes trade mark then the infringer (has tried and) will try arguing that the typeface is different and it isn't the same green and so on. That will be harder than if OP has a Kodak-equivalent name which nobody else could come up with on their own.

(am ex-TM secretary so have written lots of C&D letters; now IP trainer but not TM attorney)

ICantCopeAnymore · 15/04/2018 12:48

Gosh, how hard it must be to be confused by such simple concepts Biscuit

MrsHathaway · 15/04/2018 12:59

Yes, it's embarrassing for you.

GnotherGnu · 15/04/2018 13:11

I would rather follow prh47, as a solicitor, on the issue of whether you can trademark a name than a person whose sole claim to expertise is working at Companies House - which doesn't deal with trademarks.

Xenia · 15/04/2018 13:35

I don't think we need to fall out over this. Everyone is trying to help. Many companies register their limited company name as a registered trade mark.
It looks like here there may be trade of registered traed mark and passing off. The other person probably has no money so the best solution is likely to be to get them to change the name and branding without anyone paying any money. Check if they have copied your photos too as I often find there is breach of copyright in photos and in the woreds on the webpage as well as breach of trade marks.

If they will not back down without your paying someone to help you and you cannot get whoever hosts their site to take it down then certainly approach the original trade mark attorney as advised above and if you did not use them just find a trade mark solicitor to do it.

popcorneatingmonster · 15/04/2018 13:39

Agree with PP that this sounds like you have a good case for taking action to enforce your trade mark. Trade mark attorneys are experts in TM law (naturally) and would be able to help (you can look up CITMA website to find one near you) or an IP solicitor could help. Definitely get advice & don't do it yourself - if it really is straight forward it will not cost much

PotteryLady · 15/04/2018 14:10

I have had on 2 occasions people contact me to buy my name and website address because they wanted it - said no both times and they then used different names - can't believe she never searched the name first.

ICantCopeAnymore · 15/04/2018 14:12

MrsHathaway - I'm not embarrassed in the slightest. I've said nothing wrong.

I have never said that Companies House deals with trademarks. They do however deal with people who don't understand the difference between trademarking a brand, and protecting a company name.

wowfudge · 15/04/2018 14:48

Defend your trademark OP - that's why you've protected it. There are other legal provisions which are designed to protect a business from someone else passing themselves off as connected to another business - a trademark lawyer will be able to advise. I'm willing to bet this other hairdresser is a sole trader with little in the way of financial resources, hence she's ripped off your name, business ideas and trademarking.

SimonBridges · 15/04/2018 15:04

I have friends who have a business.
Theirs had a two word name like ‘honey and tea’. They had to change their name after another company miles away called ‘tea and honey’ sent them a cease and desist.

Thanksforthatamazingpost · 15/04/2018 15:25

By my calculation OP you've had about £500 worth of free advice so far from poodle, xenia, me and several trade mark attorneys.

You're clearly doing something right!

I was going to say what Xenia has said about being pragmatic and not throwing good money after bad.

Thanksforthatamazingpost · 15/04/2018 15:27

PS good to see Xenia back on mumsnet. Xenia I've doubled my income this year partly inspired by the classic £1000/month thread. Hope all is well with your business too.

Xenia · 15/04/2018 16:19

(Well done you and thanks for the welcome back. I am glad to hear things are going well).

greendale17 · 15/04/2018 16:23

This woman has deliberately copied and stole your ideas, logos etc. Do not feel sorry for her one bit. She knew exactly what she was doing

Qwertytypewriter · 15/04/2018 16:35

ICantCope, you asked:
I'm really not confused. Where have I offered legal advice?

This (below) strongly suggests that you believe you KNOW the OP has no legal case against the other business:

It doesn't sound like you have a case, if I'm honest. If you're using "Teacuphiccup Ltd" they are entitled to use "Teacuphiccup (Swansea) Ltd".

If they aren't limited you can possibly take legal action against them using it, but they could quite easily register as limited then carry on using it.

You don't limit the scope of what you're saying, to just being related to company house, you specifically discuss 'legal action' as something the other company could easily avoid, and there is no hint of it being a personal opinion, you state it as if its fact.

The OP didnt ask if she could get companies house to pursue a case on her behalf, so its a bit of a sidetrack to keep commenting on whether they would act, as if thats the only thing open to her.

Does that help you understand why people think you were offering misleading advice?

ICantCopeAnymore · 15/04/2018 16:43

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Original poster
Teacuphiccup · 15/04/2018 16:54

Thank you so much to everyone who has replied, you’ve all been really helpful :-)

Going to check out this thousand pound a month thread too!!

OP posts:
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