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| Original Message Added : 2 Jan 2011 Looking for some advice if anyone can help. I run a handcrafted stationery company called Tatty Lashes, we have registered the company quite some time ago. My question is, is there anything I can do about other people using this name?? We are on facebook, and there is a company popped up called tatty lashes card shop, it is really worrying for us as their stuff is really rubbish, and i am very concerned that potential customers looking for us would see this page and not bother placing an order with us! The answer probably is delete the facebook page, so that people contact us direct though website, but we get so much exposure on facebook and orders that is seems such a shame. If anyone had any advice, or experience this please let me know, its frustrating more than anything. Many thanks in advance Jenni |
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| Reply : 4 Jan 2011 If you are the proud owner (I'm assuming you are one of the proprietors due to your forename) of the Tatty Lashes trademark registered at the Intellectual Property Office then you have a very strong claim against the other business and should write to them informing them of your trade mark and telling them to cease trading under this mark. You can also inform facebook that there is someone on their site infringing your trademark and they may take action, its certainly worth informing them and putting them on notice of the infringement. If you would like to discuss the options further please do not hesitate to call or email (chris.boakes@acumenbusinesslaw.co.uk 01273 447070). All the best Chris |
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| Reply : 7 Jan 2011 You've done nothing wrong so why should you remove your company from Facebook? As with the other reply, reporting the other business with the same name to Facebook is a must, it might take a few days for Facebook to investigate but you can be certain that they will delete the offending company if you supply all the proof they need. I can only advise on the above issue. The best of luck Eddie www.sonikwave.com |
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| Reply : 31 Jan 2011 The legal term for the practice of copying another company's product or name is 'passing off'. If you have registered your name as a trademark then you are, as previously mentioned, very well protected and this other party are undoubtedly trying to pass themselves off as you and you should write a cease and desist letter to them. If you are not the owner of the registered trademark be very careful though as the shoe will be on the other foot and you may well have been passing yourself off as another company and this may cause you some trouble even if you did this without knowing! Jenny
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