Passing Off
When someone is passing off by using a similar name to yours the first question is, do you have a registered trade mark?
If your name is protected with a trade mark, it is in practice a lot easier and cheaper to take action to stop the other business using similar name.
If you have not registered a trade mark the law of passing off is your only recourse.
In a passing off action it is necessary to establish that:
- You have rights in the name or logo that is being wrongfully applied to goods or services
- You have 'goodwill' in the name or logo - that is, that you have built up a reputation in the mark
- You have been harmed in some way by the other person's use of the mark
It can be very expensive to prove a passing off action.
What next?
If you need legal work please call us on +44 (0)20 7700 1414 or if you prefer send us an enquiry using the form below. Depending on your requirements we may suggest a free meeting. This is often the best way to assess whether we would be the right firm for you, and to understand the work involved, your priorities, attitude to risk, and desired timescales.
