Trademark infringment of store name and brand?

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mugulz

Free Member
Dec 25, 2012
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  • #1
    I have been developing and selling apparel and equipment for a niche sports sector since 2007, I have my own website and various merchant accounts. The brand however i did not register or mark as it was not a full time business to begin with, I have ample amount of evidence like invoices, and business dealings and links which have accumulated over the years.

    Recently a company filed a complaint that i have infringed their trademarks, this company registered in 2010 with a different name to mine when it was start up, but a year later it took my brand name to label its online store, it now complains i took their ideas and brand design. Amongst other things they request the complete surrender of my business to them.

    Though i am not a limited company i am intending to incorporate very soon, however this matter has develop and is worrying. I have also had the trading standards involved who seized some goods but returned them after investigating and finding that i am in no breach. They are no longer involved, shortly after this company instructed solicitors.

    My questions are what challenges or defences do i have?Can i succeed? I feel strongly that i have ample grounds for my products and services.

    Your advice is much appreciated. Thank you.
     
    D

    Deleted member 13430

  • #2
    Obviously I don't have all the information to hand so cannot advise comprehensively. However assuming this is a UK issue and if you used your brand before the other side and used it sufficiently to build up goodwill in the brand, and used it before they registered it, then you have the prior common law rights to the brand under passing off. This would provide a means of attacking their registration and a defence to any infringement action and a passing off action. Also in theory you may be able to challenge their rights to use of the brand.

    Your prior rights would be limited to the business you did before they registered and used their brand.
     
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    OldWelshGuy

    OldWelshGuy

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    • Jun 12, 2008
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  • #4
    if there is a clear chronolical auditable trail that you have the right to use the mark/name etc, then you are Ok, but as indicated above, you shouldn't be faffing around on a forum, you need to get hold of a solicitor with the correct knowledge, who can write to this company and tell them to back off or YOU will take action against THEM !
     
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    M

    mugulz

    Free Member
    Dec 25, 2012
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  • #5
    Thank you sooo much for your replies i honestly appreciate it means alot!

    Yes it is a UK matter! The lawyer aspect is quite daughting as the few i have been to has been quoting me really steep costs! Any lawyers here have any idea how much roughly this sort of thing should cost to resolve?

    And another thing is that he's somehow managed to get my facebook page removed!! I had over 5000 likes! I have growing industry links with the leaders and prominent personalities in the sector!

    Is there any route to pursuing applications for challenges on my own accord or is a lawyer best to instruct?
     
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    kulture

    kulture

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    • Aug 11, 2007
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    www.kultureshock.co.uk
  • #6
    The real question is how much is your business worth to you. If you do not invest in a solicitor you could end up loosing everything. They will nibble away at you. Facebook is just a start. They will issue take down notices to your host for your web site, and continue after you. You must turn this around and go after them.
     
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