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Cease And Desist?

St Rhenium

St Rhenium

New Member
My uncle received a Cease and Desist letter this week on behalf of a company 100 miles away who share the name of his company. The tone was very threatening, and said "our client has been using this name and logo (very similar to my uncle's) since 1994 and you have no right to use it". Thing is, my uncle founded his company in 1986 and had the current logo done in either 88 or 89.

Should he reply himself with his evidence, or does this really need to go through a solicitor?
 

Zarostulus

New Member
I've seen this before, it's amazing what some people will try on :rolleyes:

Reply with that information, and if they want to take it to court let them embarrass themselves.
 
Allegrif

Allegrif

New Member
My uncle received a Cease and Desist letter this week on behalf of a company 100 miles away who share the name of his company. The tone was very threatening, and said "our client has been using this name and logo (very similar to my uncle's) since 1994 and you have no right to use it". Thing is, my uncle founded his company in 1986 and had the current logo done in either 88 or 89.

Should he reply himself with his evidence, or does this really need to go through a solicitor?
How similar is the logo? If it's really similar, I'd counter-sue them and see what they think to that.
 
Bacton

Bacton

New Member
How similar is the logo? If it's really similar, I'd counter-sue them and see what they think to that.
That might be a bit reactionary. I think you're best off just replying with the evidence as @Zarostulus suggests and leaving it at that.
 

Zarostulus

New Member
How similar is the logo? If it's really similar, I'd counter-sue them and see what they think to that.
That might be a bit reactionary. I think you're best off just replying with the evidence as @Zarostulus suggests and leaving it at that.
Tit for tat just ends up being stressful and pointless. Stick to your guns by all means, but it's not worth getting embroiled in a legal battle you don't need to be in.
 
selfemployed

selfemployed

New Member
Send the evidence and see what happens - no point incurring legal expenses for the sake of it.
 
Businessman

Businessman

New Member
"our client has been using this name and logo (very similar to my uncle's) since 1994 and you have no right to use it". Thing is, my uncle founded his company in 1986 and had the current logo done in either 88 or 89.
It's an illustration of why it's important to keep records...

From what you say it would seem your uncle took up the trading name (trading style) before the complainant, therefore he has he right to continue doing so, and it is the complainant who would find themselves on the wrong end of a 'passing off' action should this go to court - indeed it is they who should be 'ceasing and desisting' as they're (arguably) trading on your uncle's goodwill.

Additionally, the logo is protected by copyright law.

It's not necessary - but it makes life easier - if you register your trading name as a limited company; you can keep said company dormant and 'licence' the name back from it (provided there is no financial exchange) to avoid complexity or making your affairs 'too public'. These days, registering the .com domain name at an early stage is also an essential. In fact I'd go so far as to say that if you cannot get the .com for a new business name, pick something else! - If you get letterheads or the like done, keep the invoice 'forever' with a sample of the letterhead etc.

Ultimately, these things (theoretically at least) wind up in court to be sorted out. - Which isn't good. But in this sort of situaiotn, let them go to the expense of raising the action - send them your evidence first though; I doubt any sane solicitor would let them get that far and ultimately they might be told by their own legal team to 'take down' the name.
 
selfemployed

selfemployed

New Member
I wonder if this is another case of big corps trying to bully smaller businesses? On the surface this one seems fairly straight forward and any sane advisor would suggest stopping any action as it seems like a waste of money. Its a shame there is no less expensive service to look at these issues rather than going straight to the court room.
 
Businessman

Businessman

New Member
Maybe aye... Maybe naw... The O/P has a bit of age to it now, and one assumes the situation was addressed. but it's interesting to mull over it all the same. - I've certainly been in the situation, many years ago, where I lost a trading name to 'bigger fish' who had the sort of money I didn't at the time; and the savvy to register it with a third party - i.e. Companies House. I've had another (again not registered) 'subsumed' , and the brand diluted to the point where it was useless, by being co-opted for other things by people aren't worth suing.

I.P. can be a pretty complex field - even registering something as a trademark might not be 100% unassailable!
 

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