I'm setting up a website to pull in some of my own work. I want to use a different trading name to my ltd company as the name of this company doesn't really reflect the niche of IT that I want to target. Trouble is, there's another company out there with the name I want to use (an umbrella co). Is there any copyright issue here? I believe that if you falsely create the impression that you are in some way connected with the other company, it is "passing off" and you can get done for it but if my branding is sufficiently different then I shoulk be ok. Any thoughts?
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To be honest whatever the law is your entering a real minefield here and personally I would be doing everything to avoid the situation. One option is to risk the legal fall out, the other is to just pick another name circumvent the problem. Is it so imperative that you use this name? Would you want to spend your money (and waste money/time you already spent) if said company does send you a polite stop it letter?
If its more established won't they overshadow your marketing anyway? likely to be higher in search engine etc so your gonna be playing second fiddle to them from the outset?
On the legal issue I think you can get away with it until they complain so it depends on if they want to be tw*ts about it. If they are happy your marketing a different product they may turn a blind eye. If they really want to complain I believe your on the backfoot even if your products are a million miles apart. Also depends on how much time they put in registering the name/trademark and the copyrights etc.
Again, is this a path you REALLY want to go down for the sake of a trading name?'CUK forum personality of 2011 - Winner - Yes really!!!!
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No, you're right it's not worth it.
Just lost 40 quid registering the .net domain that's all. Put it down to experience, I'll do my research next time. Maybe I'll cybersquat the .net domain & try to sell it to them - they are one of these so called IR35 compliant umbrellas after all so would have no qualms.Comment
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It's not just the branding that has to be different, it's the product. E.g. Jif lemon juice and Jif bathroom cleaner were allowed to exist side-by-side because it was obvious that they were both completely different concerns.
If your product is nothing like an umbrella company you should be OK.Comment
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Are you selling Parasols?Comment
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No, Orange GeniesComment
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As long as the name is not copyrighted, if it is a generic english term then it is unlikley to be, but if the words used are subject to copyright, you could be in trouble.Originally posted by thunderlizard View PostStill InvoicingComment
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See here for future company names and registration etc.
http://www.contractoruk.com/news/004535.html
It should give you an idea how things stand today!I couldn't give two fornicators! Yes, really!
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Why are you all talking about copyright of company name's? There is no such thing
Copyright protection covers literary, dramatic and artistic works such as books, films or drawings.
If you want to use a company name only thing you have to check is if it is trademarked. If it is then welcome to a legal minefield if you want to use the name, if it is not you can use the name with no fear (though would advise making sure to be in a different industry to the other company and making sure you cannot be confused with them, both for commercial and legal reasons)
Oh yeah, £40 to register a .net domain? You got seriously ripped offComment
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