Good evening
Why would you want to 
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| Passing Off Law http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=17661 |
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| Author: | thecabbie28 [ Thu Oct 13, 2011 10:47 pm ] |
| Post subject: | Passing Off Law |
Good Evening to a wonderful place Can you have 2 taxis companies operating under the same name in the same licencing District. |
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| Author: | toots [ Thu Oct 13, 2011 10:55 pm ] |
| Post subject: | Re: Passing Off Law |
Good evening Why would you want to
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| Author: | thecabbie28 [ Thu Oct 13, 2011 11:01 pm ] |
| Post subject: | Re: Passing Off Law |
A taxis company set up with the same name as mine. they is confusion within the council. I get paperwork and phone calls from the council for the other company. yet the council says its not there responsability over company names |
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| Author: | Chris the Fish [ Thu Oct 13, 2011 11:04 pm ] |
| Post subject: | Re: Passing Off Law |
Whoever registers the name first with Companies House.... Wins. |
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| Author: | thecabbie28 [ Thu Oct 13, 2011 11:05 pm ] |
| Post subject: | Re: Passing Off Law |
neither are registered at company house. I believe the council should not of allowed it. |
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| Author: | Chris the Fish [ Thu Oct 13, 2011 11:08 pm ] |
| Post subject: | Re: Passing Off Law |
Then register yours first. Then make them change their trading name. |
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| Author: | toots [ Thu Oct 13, 2011 11:13 pm ] |
| Post subject: | Re: Passing Off Law |
I don't believe it has anything to do with council imo |
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| Author: | Brummie Cabbie [ Fri Oct 14, 2011 12:15 am ] |
| Post subject: | Re: Passing Off Law |
toots wrote: I don't believe it has anything to do with council imo You're right it ain't!! So you could have five, 5 Star Cars for instance. |
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| Author: | Brummie Cabbie [ Fri Oct 14, 2011 12:17 am ] |
| Post subject: | Re: Passing Off Law |
Chris the Fish wrote: Whoever registers the name first with Companies House.... Wins.  Make your outfit a limited company first though. |
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| Author: | grandad [ Fri Oct 14, 2011 12:29 am ] |
| Post subject: | Re: Passing Off Law |
We have 2 chip shops with the same name. Both with different owners. |
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| Author: | Dusty Bin [ Fri Oct 14, 2011 1:51 am ] |
| Post subject: | Re: Passing Off Law |
thecabbie28 wrote: Good Evening to a wonderful place Can you have 2 taxis companies operating under the same name in the same licencing District. Nothing to do with the council and not necessarily related to registering a company name, even assuming your business was set up as a limited company. It's more of a trademark dispute, but if you haven't actually registered a trademark then you have to rely on the law relating to 'passing off', which basically means unfairly exploiting another business's goodwill and reputation. It all depends on the circumstances, but if you have been trading for some time as Joe's Taxis and someone sets up nearby with the same name then that could be seen as passing off. Or even if the new business used something like Joe's Cabs, which is clearly different, but could be viewed as exploiting the longer established name. In view of the title of the thread then I suspect you've already done a bit of research on this, so perhaps you've already tried to point out the error of your competitor's ways? Of course, if they've just ignored you then you might want to seek legal advice. Obviously this would cost you, but it's likely that a solicitor's letter would resolve the situation. Have a look at this: http://www.contactlaw.co.uk/passing-off.html |
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| Author: | grandad [ Fri Oct 14, 2011 6:54 am ] |
| Post subject: | Re: Passing Off Law |
I'm sure there was a similar thread posted on here a while back. It may be an idea to search for that and see how it was resolved. |
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| Author: | Sussex [ Fri Oct 14, 2011 8:21 am ] |
| Post subject: | Re: Passing Off Law |
thecabbie28 wrote: Good Evening to a wonderful place Can you have 2 taxis companies operating under the same name in the same licencing District. I would imagine that's a Trading Standards issue, not a licensing one. But the answer is yes if no-one objects, and no is someone objects and a court agrees. |
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| Author: | Dusty Bin [ Fri Oct 14, 2011 8:54 am ] |
| Post subject: | Re: Passing Off Law |
grandad wrote: I'm sure there was a similar thread posted on here a while back. It may be an idea to search for that and see how it was resolved. Indeed, and that seemed to involve a roofsign, but seemed to be resolved informally. But I doubt if we'll ever know the precise circumstances, however I suspect the priniciple was broadly similar to the one here. viewtopic.php?f=1&t=15957 |
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| Author: | wannabeeahack [ Sun Oct 16, 2011 6:50 pm ] |
| Post subject: | Re: Passing Off Law |
a LA wouldnt issue a PH ops licence to two firms in the same name theres no company register now as such is there going LTD company isnt to be taken lightly, its a whole new ball game from simple sole trader status |
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