Two Businesses same name.....

[MustangLady]

My brother and his wife own a cafe on a trading estate called "Wickford Diner", which they have had for nearly two years under that name (it is not a Limited Company). Last week he had a leaflet/menu put through his cafe door from a competitor who is based in the town centre (only 10 mins drive away) and that cafe has only just opened within the last week .... guess what, they've called it "Wickford Diner". My brother paid them a visit and explained that his cafe was given that name 2 years back and asked (as they had not yet put the sign name outside the shop) if they would consider changing it. They were Greeks and acted as though they did not understand what he was saying ! He left their cafe in dispair wondering if there is anything he can do in this situation? In addition my brother's cafe has got a good reputation on the trading estate where they are based and he does not want anyone to think they are the same people owning the one in the town centre, nor in anyway associated with that one. Can anyone make any suggestions as to what my brother can do in this instance??? thank you.

[Wonderous]

The first answer in this question may help
http://www.theanswerbank.co.uk/Law/Question455 823.html

[gardener2]

I suspect they would have fully understood what was being said but hid behind the language barrier. As previously mentioned 'passing off' is your best way forward and a solicitors letter is likely to be understood. Pursing matters further could be costly.