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 Post subject: Passing Off Law
PostPosted: Thu Oct 13, 2011 10:47 pm 
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Joined: Thu Oct 13, 2011 9:17 pm
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Location: Durham
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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 Post subject: Re: Passing Off Law
PostPosted: Thu Oct 13, 2011 10:55 pm 
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Good evening :D Why would you want to :?

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 Post subject: Re: Passing Off Law
PostPosted: Thu Oct 13, 2011 11:01 pm 
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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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 Post subject: Re: Passing Off Law
PostPosted: Thu Oct 13, 2011 11:04 pm 
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Whoever registers the name first with Companies House....


Wins.

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 Post subject: Re: Passing Off Law
PostPosted: Thu Oct 13, 2011 11:05 pm 
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neither are registered at company house. I believe the council should not of allowed it.


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 Post subject: Re: Passing Off Law
PostPosted: Thu Oct 13, 2011 11:08 pm 
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Then register yours first.

Then make them change their trading name.

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 Post subject: Re: Passing Off Law
PostPosted: Thu Oct 13, 2011 11:13 pm 
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I don't believe it has anything to do with council imo

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 Post subject: Re: Passing Off Law
PostPosted: Fri Oct 14, 2011 12:15 am 
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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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 Post subject: Re: Passing Off Law
PostPosted: Fri Oct 14, 2011 12:17 am 
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Chris the Fish wrote:
Whoever registers the name first with Companies House....

Wins.

Image Image Image Image Image

Make your outfit a limited company first though.

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 Post subject: Re: Passing Off Law
PostPosted: Fri Oct 14, 2011 12:29 am 
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We have 2 chip shops with the same name. Both with different owners.

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 Post subject: Re: Passing Off Law
PostPosted: Fri Oct 14, 2011 1:51 am 
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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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 Post subject: Re: Passing Off Law
PostPosted: Fri Oct 14, 2011 6:54 am 
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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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 Post subject: Re: Passing Off Law
PostPosted: Fri Oct 14, 2011 8:21 am 
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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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 Post subject: Re: Passing Off Law
PostPosted: Fri Oct 14, 2011 8:54 am 
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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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 Post subject: Re: Passing Off Law
PostPosted: Sun Oct 16, 2011 6:50 pm 
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Location: Twixt Heaven and Hell, but nearest Hell
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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