Worried about name for my 'hobby' business...advice?

[evenkeel]

Bit of an obscure one, this, but I'm hoping some kind legal person can help.

In a nutshell, I'm doing some occasional catering for functions - on a small scale and to help a friend. It's far from a big business venture, and though I make a bit of money, it doesn't even cover my costs. So, essentially, it's a hobby which I enjoy.

BUT because it involves food, I've had to register with my local authority and come up with a business name. The one I chose had idly lurked at the back of my mind for a good few years as a nice catchy title. But I belatedly find that there's a limited company using a very similar name (ie mine, plus an extra word), about 45 miles from where I live. It's not in exactly the same field but it does also involve food.

I'm now panicking a bit because I find there's a thing called 'passing-off'...which you can be done for if the other company objects. Should I be seriously worried?

Sorry this is so long!

The first point to make is that passing off is not a criminal offence. For the other company to sue you, they have to show that there is some value in their name (goodwill) and that you have, whether intentionally or accidentally, led the public to believe that you are actually supplying their goods or services. They either have to show that there is actual confusion or that there is a likelihood of confusion. Finally they have to show that there has been damage to their goodwill, which usually means that they have lost trade, either because customers have gone to you thinking you were them, or because customers have been disappointed by your services and have not used them as a result.

If you were using your name prior to this company any action by them would be unlikely to succeed - indeed, you may be able to sue them for passing off! If they used the name first they would have a better chance, although that still doesn't mean they would win. The central question is whether potential customers are likely to confuse you with this company.

oh dear, nobody......OK, will try bumping!

that's not nobody, your post has been answered, surely?

Is it likely that your 'hobby' business will have any impact on the business of this other company? If not I doubt you will have a problem as they probably wouldn't be bothered to try and sue as they couldn't prove the points prh47bridge mentioned.

oops, sorry, prh - just missed your post. Thanks for the advice. Given that we're operating in different areas (in terms of what we're selling, I mean), I don't suppose they could claim that I might be taking business away from them. And as I said, I'm not operating as a full-time business - actually, barely even part-time, since I'm only doing it on a very occasional basis. I guess my concern was more in case I do happen to want to expand in the future.

that being the case, why don't you just come up with another name. mn is brilliant at coming up with names btw.

Yes, I've been very impressed with the collective power of MN when it comes to things like naming! Actually I have another potential name in mind already - it's mainly that I'm now registered with the council under the original name. I'd need to check with them whether I could change it...