FabSwingers.com forum: Is there any business law advisers on here

By *illyroc OP Couple
over a year ago

north west

Hi is there any one on here that has business law knowledge thanks .

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

"Hi is there any one on here that has business law knowledge thanks ."

Would employment law help?

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

what kinda help are you looking for?

Reply privately

Reply in forum

Reply +quote

By *heWolfMan
over a year ago

warwickshire

This is Fab Swingers, we are ALL experts in EVERYTHING, everyone knows that.

Reply privately

Reply in forum

Reply +quote

By *illyroc OP Couple
over a year ago

north west

hi guys just need to know if i register a company name ie,go green energy solutions but there was a company called go green energy could they take action saying there was a conflict in names even tho i added an extra word!!!!

thanks

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

" hi guys just need to know if i register a company name ie,go green energy solutions but there was a company called go green energy could they take action saying there was a conflict in names even tho i added an extra word!!!!

thanks"

it's would be ok but it's too late I have just done it!

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

ps thanks for the pointer x

Reply privately

Reply in forum

Reply +quote

By *HAGADELICCouple
over a year ago

south london

You could not have exactly the same name but you could have a very similar name.

The other company would be able to tale action against you if you were passing yourself off as them -infringing their trademarks or copyright

Reply privately

Reply in forum

Reply +quote

By *illyroc OP Couple
over a year ago

north west

"ps thanks for the pointer x"
my lawyers are on to you

Reply privately

Reply in forum

Reply +quote

By *HAGADELICCouple
over a year ago

south london

And passing off could be something like this

A customer rings and says "hello is that Go Green Energy Ltd"

You would be wise to answer

" This is Go Green Energy London ltd"

(or whatever variant you chose but give it in full)

And if it's clear the customer thinks you are the other company you have to correct them.

You would be wise to make sure your logo or letterhead is TOTALLY different from the other company's.

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

thanks"

You won't get away with that.

Reply privately

Reply in forum

Reply +quote

By *irtyGirlWoman
over a year ago

Edinburgh

thanks

You won't get away with that. "

Yes you would... have you looked at Companies House registers lately?

Might be different in England & Wales than it is in Scotland but you can call your company whatever you like provided there isn't someone else with that exact name registered.

Reply privately

Reply in forum

Reply +quote

By *ytraCouple
over a year ago

Wrexham

if you choose a name, which is the same as, or similar to, an existing business name or company name, the owner of the existing registered company name may sue you for damages and / or an injunction to restrain you from continuing to use the name " particularly if you trade in the same or a similar field.

I think the important part here is "Similar to"

Reply privately

Reply in forum

Reply +quote

By *atisfy janeWoman
over a year ago

Torquay

Sorry but not quite correct, you can register all right but try holding onto that registered name if a big company get on your case.

It is the Corporate suggestion that will lead to a possible court case.

If in doubt see last years big court case involving Lush Handmade Cosmetics and 'Blush Handmade Cosmetics'.....it cost the former tens of thousands of pounds in costs.

It's not only the company name that is the point in law but the suggestion that it is connected in some way to the original company.

Try calling a new company Tescoos or Sainsberries and see if you get away for it without it costing you everything you have in court.

Reply privately

Reply in forum

Reply +quote

By *atisfy janeWoman
over a year ago

Torquay

My response was to Dirty Girl*

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

As I said, you won't get away with that and even if you got lucky and got it past companies house just try getting a bank account opened.

Reply privately

Reply in forum

Reply +quote

By (user no longer on site)
over a year ago

The owner of Easyjet has pursued many people through the courts for simply having the word 'Easy' in their company name.

A friend of mine runs a company called Easygolf and Stelios tried to muscle arm him through the courts - and lost.

The judge ruled that it was unlikely my mate was going to be selling aircraft to golfers.

Reply privately

Reply in forum

Reply +quote

By *irtyGirlWoman
over a year ago

Edinburgh

You're quite right Jane... I did some research on it this morning (OP if you want the info on it I can email you it) but the bottom line is that there are certain words (too big a list to paste it) that are discounted and if your name is then too similar to another company (especially if the company are doing the same thing as you) then they can object to it and you'd be forced to change it.

Your best bet is to use the name checker on Companies House website (shout if you want the link to that) and then you'll know if it will be rejected straight off.

However... as the example above, it would have to be pretty similar for someone to object although I'm not sure anyone would be daft enough to think they were gonna get away with Tescoos as a company name!

Reply privately

Reply in forum

Reply +quote

Post new Message to Thread