court proceedings

[gavindrummond]

Have a look at this

We are aware you are trading using a business name that is the same to our trading name of (Caerphilly Electrical Services Ltd) and the email address similar of ([email protected]) and this therefore amounts to passing off.

For your information, passing off is a recognised legal right that protects the goodwill in a business or the way in which a business sells its products or services.

In the circumstances, we require you to immediately do the following:

1. Provide a written undertaking confirming that you have ceased to use your existing business name and that you have changed your existing business name to a name that is no longer misleading.

2. Advise us of your new business name.

3. Provide a written undertaking confirming that you have destroyed all your stationery and

any other materials showing the misleading business name.

Please treat the content of this letter as serious and also, be aware, that if you do not take steps to comply with the above terms within seven days from the date of this letter, we will be left with no alternative but to commence legal proceedings against you. This will result in you incurring additional costs, as well as a claim for compensation being made against you.

We await hearing from you. Yours sincerely

Registered in England & Wales. Registration No. 06546443. Vat Registration No. 930 9586 00

 

[ProDave]

Googling that seems to indicate Caerphilly Electrical Services Limited was incorporated on 27th March 2008

I take it you are using the same name?

When did you start trading? If after 27th March 2008, I think you had best choose a new name.

 

[gavindrummond]

I think so too. Mine is Neonix caerphilly electrical services. I will have to change the name. I was unaware of this.

 

[ProDave]

Change it to something like "Neonix electrical services (caerphilly)" then I don't think there would be any confusion. or just "Neonix electrical services" then there would be no doubt that would be okay.

Always worth googling any trading name you want to use first before you tread on someone elses toes.

 

[steptoe]

Ive got a couple of the same name, about 40miles in one direction, the other about 60miles in the other direction, a couple way down south, and a few in USA and Oz,

Ive a feeling I may be ok, I hope.

 

[Evans Electric]

I had a call some years back from an Evans Electrical ( not even in the Midlands ) , guy wasn't very happy with me but I pointed out that I'm Evans Electric , had been for about 5 years at the time and the names were not the same anyway . There is an Evans Electrical near me , hence my careful use of the word Electric.

The only mix ups have been with accounts at wholesaler.

Think Gavin will have to change TBH.

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[ElectekAir]

In 2003 when i first set up the company name was "aquilla electrical LTD"

Then meb or one of the suppliers changed thier name to aquilla and there was nown i could do about it except change my company name because i would always get complaints about power failures and street lights out there had to be at least 20-30 a day

 

[Sharpend]

Ah but can you claim rights to Steptoe and sons as your own?

 

[steptoe]

er, no,

but my name is

Albert's rough a&$!* wiring company

 

[Theorysparky]

i googled my company name,,,,,,another one in Wales and one in Bridgenorth

still get calls from the public from those area's wanting me to quote !

 

[SLIPSHOD & SLAPDASH]

There is an electrician using my Ltd company name up the other end of the country. We have an unusual spelling and through various google checks i have found his name & address.His Ltd company is much newer than ours and is spelt differently, but his Napit registration & most other advertising is spelt like our name. We dont do any online stuff so i have not bothered about it yet.

 

[gavindrummond]

This is the new improved page on my face book

 

[Sidewinder]

Hard to read Gavin, can you change the contrast between the pic & txt?

 

[gavindrummond]

I know I'm going to have to change parts of it to different colours as it is hard to read I've tried to to change it all but none of the colours really stand out.

 

[Sidewinder]

Could you "wash" out the pic & put the text dark?

 

[unphased]

tbh I wouldn't worry. Try Googling Smith and Sons. its a joke. I think they are trying it on, mate.

 

[steptoe]

About 92,100,000 results

 

[Doc Hudson]

passing off I do not believe you have any obligations to write to prove anything to them, they have to prove that they have lost business due to your business Company Law: Passing off However mistaking a business name is a two way issue, you could lose potential new customers to them as much as they could lose business to you. This is one of the reasons why most books about starting a business often suggest care when selecting a company name. We do get a lot of posts on the forum indicating members have failed to do a bit of adequate business planing, before diving in to doing jobs. Too many think it is just get some qualifications and tools and away you go. Successful businesses want to be unique market leaders standing out from the competition, this is not normally achieved by confusing your venture with others who may have lower standards of workmanship or product range.

Doc H.

 

[VoltzElectrical]

Gavin, I might be mistaken, but as far as I am aware, you are still in training. As much as I admire your enthusiasm for business enterprise, are you not jumping the gun a little bit? And let's face it, your business name is not that catchy is it? Mine is up for sale if you want it as I start a job on monday on the books. Seriously.

Let me know, and if not, then why risk litigation for a not that catchy name?

Cheers

VoltzElectrical Ltd.

 

[Nicky Tesla]

1........"Local qualified electrician in Caerphilly"

Local? your about 250miles from my house.

2........"External sockets & Amp and much much more".........What the Hell does that mean????????