How do I find out if another business starts using my name, and what can I do about it?

If you're building up goodwill in a name, you need to make sure no-one else starts using it, or a name like it. You will need to take prompt action if a name is registered that you object to.

Negotiation is often the best solution but you can end up in a formal dispute. If you do, be careful. You'll often have multiple, overlapping remedies. For example:

• There is a procedure for objecting to the Registrar of Companies.
• There is a quick easy remedy in cases of flagrant domain name abuse   
   ('cybersquatting').
• You can bring an action in the Courts for trade mark infringement 
  or 'passing-off' where you have no registered trade mark.
  

BUT different criteria apply in each case. You need expert advice and a risk assessment to make sure you choose the right remedies to pursue, and co-ordinate them. If you make the wrong choices, the dispute can be longer and nastier than it needs to be.

Name disputes require judgmeent and experience - we can help you decide on the action to take.

For further information please contact Alex Craig, call 0191 211 7911 or alternatively email us at advice@muckle-llp.com 

Related Resources

in the Muckle LLP Resource Centre

• What sorts of business names are there?
• What kinds of intellectual property can be protected?
• What legal differences are there between selling over the Internet and traditional sales?
• Do we need to bother about the data protection legislation? What impact could it have on us?