merrsh1 started this topic @ 18:27 on 31/08/2007
Hi All,
Myself and a friend recently started a company and have received a letter from a large IT consultancy company (for large read global) informing us of legal action unless we hand over the URL we use and cease trading under our company name.
Now this consultancy has various divisions and we do share part of the name they use; but not all of it. As i dont want to give exact details heres an example:
Say we are 'brightspark software limited', they are 'brightspark ABC Limited'
After viewing companies house there are around 5 to 10 companies all with similar names to ours, in fact the name isnt a real word to begin with. My question is then do we just roll over and give them the lot or do I have grounds to fight this?
RE: I've got a cease and desist letter.
Dr DIY | 01/09/2007 10:04 AM
Sounds like one for the professionals. I would contact a lawyer immediately, someone with IP and patents experience.
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All the best
Dr DIY
Take control - Sieze the day - DIY
http://www.diy-website-marketing-strategies.com
RE: RE: I've got a cease and desist letter.
jb007uk | 04/09/2007 12:44 PM
Hi,
I have recently been through exactly the same issue and in the end I had to take down my website and hand over the Domain to stop legal action and as they were turning over large sums of money I could afford to lose everything.
In any event to get a competent brief is going to cost you an arm and a leg and unless your website is making money I personally would give it up.
It seems to me that that issue is becoming more and more common now days and it is advisable to check up pending trade marks etc before deciding on a name, otherwise you may find that all he hard work will have been futile.
You can PM if you need any further info.
Good luck - JB
RE: RE: I've got a cease and desist letter.
brucet | 04/09/2007 04:55 PM
As a first step, check the Intellectual Property Office website to see exactly what relevant trademarks they hold, and under what terms. See http://www.ipo.gov.uk/tm.htm
That will give you a better idea of whether they have a reasonable case against you or whether they are just trying it on, and it won't cost you anything.
If they have gone as far as sending you a legal 'cease and desist' letter, the chances are, though, that they are pretty sure of their case.
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Bruce Townsend
Actinic Software
www.actinic.co.uk
