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  • #989056
    usethings
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    We’ve just been contacted by a new business in our town who has registered a business name very similar to ours. Not really sure why they’ve let us know, the story is they didn’t know about us (even thought it’s a small town and we’ve been operating for ten years). So not really sure what to do, I suspect we can’t stop them, but a little peeved they could cash in on our goodwill.

    #1170216
    JacquiPryor
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    Hi there,

    Sorry for the delayed response.

    Further information would be necessary in order to comment on your options. Do you own a trademark on the name? If yes, then it’s possible the newer business is infringing your trademark rights. Is the name descriptive, or quite unique?

    Does the other business own or have any pending trademark rights to the name?

    If you don’t have trademark rights, but the name is associated with your business and has been through your use/promotion for 10 years, then it’s possible there are other areas that a new business operating by the same name may be breaching.

    If you’d like to send me an email with further information/detail ([email protected]) I’d be happy to review and let you know some suggestions of what you may be able to do.

    #1170217
    Snakeman
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    Yes, and act BEFORE the other side does …. if you can!

    #1170218
    usethings
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    Thanks Jacqui, Cameron and Snakeman.

    I think we registered a trademark, would have to dig out the IP folder, we’ve also just had our 10th birthday. The name is unique in it’s combination “usethings”, it comes from a translation from Danish, but I guess they are common words.

    You’re probably right Cameron about locals being able to distinguish, I think I freaked out a bit at first. Flying Solo is a good place to freak out though, and be heard by people who understand.

    Jacqui I’ll check what our status is and what the other mob are up to and will get in touch if we need help, thanks for the offer.

    #1170219
    QiQ
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    Your course of action will vary considerably depending upon what the other business is doing. If they are direct competition then yes, you should be very worried and take firm action. However, if you sell housewares and they sell food (i.e. a different IP class) there is less recourse available to you regardless of whether you have a trademark registered.

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