Can't stand the Unfair Competition?
The reason you went into business was to launch your product and/or idea. You start and find that you are successful. You enjoy the buzz, the joy of getting your product on the market, putting rivals in the shade and making profits.
Your competitors are however always seeking to stay ahead of the game and whilst you thrive on competition you may find yourself facing unfair competition.
Some businesses may look to trade unfairly by riding on the back of the reputation that you've built up. There are various ways in which they can do this but a common way is by using your business or trading name without your permission. You may find your name or something similar appearing in your competitors' adverts, above their shops or on their web-sites. This can confuse the public and draw valuable business away from you which is rightfully yours. So what can you do about it?
You may have acted prudently and registered your name as a trade mark and have a certificate to demonstrate the fact. If so, a short letter enclosing the certificate to the company who is infringing your trade mark may be sufficient to persuade your competitor to remove any offending adverts and cease using your name.
If it has caused you loss then you may consider seeking compensation. This will of course require relevant evidence to show that your competitors' use of your name/trade mark has resulted you incurring a loss.
If you haven't registered your name as a trade mark then you may be able to bring an action against another company for “passing off” their goods as yours.
To bring an action for “passing off” you will need to demonstrate that your company has established goodwill, that the other company has made a misrepresentation to the public which has caused you loss and that there is evidence of public confusion.
Bringing an action for “passing off” is expensive and often not as cost effective in prosecuting the offending company as being able to produce a trade mark certificate.
You should consider how you can protect your “trade mark/s” of your business to minimise the risk of future litigation.
If you consider your intellectual property rights have been infringed and would like to protect your goodwill, then please contact either Nita King, Catherine Green, Marianne Johns or Philip Collins at Lemon & Co Solicitors.
Philip Collins
Solicitor
Lemon & Co Solicitors
This article gives a general view and cannot be relied upon in any particular case. The need for specific legal advice must always be considered. For further information, contact either Nita King by email on nita.king@lemon-co.co.uk, Catherine Green on catherine.green@lemon-co.co.uk or Marianne Johns on marianne.johns@lemon-co.co.uk or Philip Collins on philip.collins@lemon-co.co.uk , or alternatively, please visit our website at www.lemon-co.co.uk for articles on other legal issues or contact us on 01793 527141.
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<p><strong><a href="http://www.lemon-co.co.uk/article_unfair-competition.php">Can't stand the Unfair Competition?</a></strong><br />
Some businesses may look to trade unfairly by riding on the back of the reputation that you've built up. There are various ways in which they can do this but a common way is by using your business or trading name without your permission....</p>