Business started with very similar/identical name to mine - where do I stand etc?

[BusinessConflict]

I have been running for 2 years.

I have discovered a business has been set up (summer 08 the earliest record I can see) in the same market as me, moving into the same stock with the same name.

I don't have any rights etc on the name, but obviously I don't want my business to suffer with confusion!

Where do I stand, how do I approach this?

(Think of it as Cool Sounds who sell cds and tapes, and Cool Sound who is now renting and/or selling cds and tapes)

Did you register your business name at all? If not, why not?

are you self employed or a company?
And what is the new business?

and geographical areas - similar or not? or online?

Self employed as is new company

I am online, she is an area online.

No to registering name as I didn't expect to still be in business 2yrs on tbh

I'd get in touch with your local business link asap. They may be able to point you in the right direction.

My mother had a similar situation and because her company (also not registered) had been trading longer and could prove it she was advised that the other company should change their name. Her solicitor drafted a letter to the other company and they immediately changed their name.

I don't have first hand experience of it, but I think you are in a good position.

my gut feeling is that there is nothing you can do, but I have a niggling feeling that there may be.
Business Link is a good idea.

Go to www.ipo.gov.uk. Go to trade marks on there. Search the name to see if she has registered a registered trade mark for it. Assuming she has not and you were trading first have you any evidence people have been confused? Even if not write to her telling her to change the name as she is engaging in "passing off". Do a google search for passing off. Say if the matter isn't resolved in 7 days you'll pass it to lawyers.

As CS says above things like whether in same area is important too.

Also may be suggest a comrpomise to her - like she adds a word to her name or changes it a bit.

thank you so much for all the advice.

I went with a direct contact to begin with, and she has very nicely agreed to change name Now just need to raise funds to register it!