Using the same company name.

[originalrude]

I have recently set up a website to sell my product. my website is a .com and i have just noticed that on the.co.uk there is someone selling an item similar to mine under the same name i am using.

I have done a search and seen that the name we are both using is not registerd as Ltd neither has it got a trade mark on it etc etc. His name he is using is a subsidiary of his main company where as i am trading under this name only.

Where do i legaly stand?

Is it fine for us both to be trading under the same name as i dont want to suddenly find my self in trouble but then again i also dont want to change the name i am trading under.

someone told me he can take me to court but as he has no trade mark on it and has not made the company ltd i dont see how this could happen?

any information please...

manythanks

[stanleyman]

You need to secure the name before he does otherwise you may have to stop using it if he gets there first.

[originalrude]

aslong as it is legal for us too both run the same name at the moment i am happy. is this the case?

[mkt]

I'm pretty sure that a company has to be a Ltd company but if i were you i'd find out about getting yours registered pronto in case it turns nasty as these things often can. I'm not 100% about internet trading but i know someone with as shop who found out there was someone selling the same products under the same company name in a different city. After seeking advice they were told that it was fine as the other wasn't Ltd. I would imagine its the same but personally i'd speak to a solicitor specialising in commercial & business law. Try to get a free consultation, have a look in Yellow Pages....

[Hgrove]

The tort of passing off occurs when someone is trading "off the back" of someone else who has built up good will around their name. The person/concern commits the tort when they are copying the original concern's name/style/get up, at the same time diluting the good will the other one has built up. This may be the case, especially if you two are geographically near. The one who started using the name/style/get up first, may be the victim of the tort. It is not illegal for you both to be using the same name, but it could lead to commercial problems, and in future one of you might feel that the other is taking advantage.

[Misstoddler]

I would definitely advise registering the name as a trademark asap. This will give you protection. If the other party does this first, you could be forced to give up your trading name :-(