Designer with same name

[Necolife]

I’m a designer and there is another designer who works in the same field as me with the same name as me. Our names are spelt a little differently, for example Clare Jones and Claire Jones. My work is different to hers.

Recently I had an email from this designer saying that there were similarities in our businesses and there is some confusion with identity. My work is not similar to hers and my brand identity is different, just overall a different feel. I explained this to her and told her I can’t change my name. Does she have any right to legally stop me from using my own name? I do occasionally get customer enquiries for her in error but I direct them back to her, it doesn’t bother me, but it seems to be bothering her. I’ve tried to find information about this but can’t seem to find any. If anyone has any knowledge or advice on this I’d be very grateful.

I don't know about the legal side but I do know this happened to another small business a couple of years back ,the ladies in question shared the same first name only and their businesses are totally different, no overlap whatsoever , but the lawyers from the designer were very aggressive and as she was just a one woman outfit working from home, she couldn't afford to fight it so she changed the name of her brand! Seemed so unfair, it's the name on her birth certificate so she should have been able to use it if she wanted to.

Whichever of you started in business last should have taken care to ensure you didn’t use a name sufficiently similar to any other as to confuse customers.

It really would be sensible for the two of you to settle this amicably, as soon as possible.

Thanks for your replies. I started my business after her, but didn’t think there would be someone with the same name as me working in the same field, my name is not common. I realised soon after. I offered to speak to her about it but never heard back.

If she has it trademarked then she could potentially stop you

I've seen legal cases where the names aren't even that similar but the one with more legal clout forced the other to change names. I'd change it tbh.

but didn’t think there would be someone with the same name as me working in the same field

Then I’m afraid you are the cause of the conflict. (I work in a creative field and every single time I have to give something a title it’s up to me to ensure I don’t usurp an already existing and well known name.) It’s worse in your case - so it was your responsibility to avoid this situation arising.

Is this the case even if it’s a person’s name? I understand if a brand name is the same or similar but if it’s the name on your birth certificate can you really be stopped from using it?

Kylie Jenner tried to trademark “Kylie” for clothes and cosmetics but Kylie Minogue legally prevented her from doing it. I don’t know if this problem only happens when people have deep pockets.

Do you think you could change your name to Louis Vuitton or Ralph Lauren and start selling products with your name?

If neither of you are trademarked, then there is absolutely NOTHING she can do about it. I personally wouldn't change it.

LV is trademarked so no you can't do that - but if a brand/name isn't trademarked, then nothing stops anyone else from copying it. This is precisely why trademark exists

You sound a little naive, @Necolife … Why d’you think so many performers don’t use the name on their birth certificates? Sometimes they want something fancier - but often it’s simply because someone else in the performing world already has the same or a similar name.

In your case it’s less about legal ownership of a name and more the fact that your own business will suffer if customers are confused - or if the original Clare Whatever makes a fuss on social media and drags you through the dirt.

If it were a prestigious well known brand of course, I wouldn’t. But the field is quite niche so I didn’t imagine this would happen. I realise this is naive of me.
I will have to have a think about what to do next.

Well, think fast - and do the decent thing.

You really should have checked this before you started your business.

Could you add a word on the end, relevant to your area?

Performers have to register with the actors union and can't have the same name, designers tend not to be unionised, nor do they have a central register.

There is the “own name defence” under the Trade Mark Act - it’s a defence against an accusation of trade mark infringement when a person is using their own name. She may not actually have a trade mark though anyway. I think the key thing is to act in good faith and try to avoid confusion (which it sounds like you’re doing). May be worth having some legal advice if she persists.

Your choices are
Trademark your name in the correct class now and hope that she hasn't already started the process .
Change your business name
Do nothing and wait for her to trademark and the expense for you that will go with it

Hi OP, I work in IP so have some knowledge of this. In the UK there is an “own name defence” which means you can’t infringe a UK registered trade mark by using your own name (as long as it’s in good faith). Changing your name to Louis Vuitton is very unlikely to be looked upon by a court as a good faith use of the own name defence. You can search for trade marks here to see whether the other party has in fact applied to register a mark https://www.gov.uk/search-for-trademark. I would strongly recommend you speak to a trade mark attorney about this, you can find one via their professional body here: https://www.citma.org.uk/about-us/find-a-member.html
Good luck!

This is so helpful and appreciated. Thank you. I’ll look into this now.