My company logo is being used by a local rival!

[securespark]

This is a brand new topic, and probably has no place in a DIY forum, but just wanted to see what everybody makes of this story.

I have to be careful what I say. I am not legally restricted, but don't want to stir things up. Who knows, he may even be part of the forum!

I have been self-employed since 1996. My father & I designed a unique plug logo for the business which everybody remarks upon, and I hope will get me a little recognition (a bit like the blue oval on car which makes you think of a certain company but on a much smaller scale obviously!)

I base my business at home, and in the neighbouring postcode area one up from me numerically is another home-based spark who has stolen my design and plastered it all over his van. I was driving by when I saw it and stopped in disbelief. As it happened, it was outside his home address, and he walked out while I was taking photos. He asked me what I was doing, so I asked him where he had got the design from. "Oh, a magazine I think" he said, "Why?". "Looks like this one doesn't it?" I said sarcastically, holding up one of my invoice pads. In actual fact it was identical. He hadn't even bothered to alter it at all. I explained my history, and his reply was well, it doesn't matter, it's only a plug. If I design my own, it will be similar. "Yes, but you haven't. You've taken my design"

I explained that it was not registered but my father held copyright in the design, and that he was in breach of this and could even be "passing off" as myself, which is an offence trading standards take seriously.

To cut a long story short I got my solicitor to write a snotty letter, asking him to sign an assurance that he would cease using my design, which he refused. He is safe in the knowledge that the cost of stopping him legally is anywhere between £5 and 10K.

I now have registered the design as a trademark, and notified him as to this development, but still he insists on using my logo.

I am worried that at the very least, my customers may be confused, and at worst, I will lose custom.

Is there anything I can do further, or any advice you can give me?

 

[breezer]

this is a case for your solictor i am sorry to say, but good luck!

 

[il78]

Option 1

This is going to cost money and it involves going through solicitors to remove his logo.

Option 2

This again will cost money, involves a big bloke called Dave who works in your "Company Relations Department"

Option 3

Like option 2, but does not involve money or Dave but will take about 10 years to resolve if found guilty

Non of the above are not to be taken seriously apart from option 3. The writer excepts no responsability for actions taken by others.

 

[Big_Spark]

This is a difficult area, however there are ways of solving this.

1: How did your father copyright the logo?

2: Is the logo IDENTICAL in all appreciable ways to your logo so that confusion will certainly occur..maybe is not good in law.

3: Have you bothered to get your Solicitor to contact the JIB and find out if the Guy is actually qualified?

4: Are you a registered company? Is he a registered company?

5: Have you contacted your local trading standards office

6: Have you considered ads in your local papers so highlight this problem and pointing out your business is in no way connected to this man, name him. It os NOT libel to tell the truth and there is NOTHING he can do about it.

 

[securespark]

FWL

1. He did not, according to the intellectual rights solicitor, he does not need to. The very act of having created something unique means he has copyright.

2. Absolutely identical in every way possible, even down to line width variations (the original logo was hand drawn on A1 card then reduced down).

The only difference is that in some places, the logo has been rotated, but this does not matter.It is identical otherwise.

3. No.

4. I think he is same as me, sole trader.

5. Yes, there could be a case of passing off, but my solicitor says there are some very strict criteria that have to be met before I can follow that route.

il - know any good "Daves" Only joking!!

 

[Big_Spark]

Well to prove copyright you will need some very good prrof. The usual thing is to post a copy of something to your solicitor and instruct them to hold it, unopened for you. You can also do this to yourself, you make a copy of what you have done, sign and date it, put it in an envelope, self address it, then send it by RECORDED, REGISTERED or SPecial delivery post to yourself BUT DON'T OPEN IT.

That will automatically be proof in any court case.

Failing that, you will need something that can be substantiated in court that gives you precedent over this other guys claim to use it.

I would certainly pursue the line of proving his qualification status, after all, if he is telling customers he is an electrician when he is not, that could well be a criminal offence.. Gaining Money by deception, Gaining Money under false pretenses..something along that line.

Do it quietly so he cannot get wind of it.

You could of course go before a Judge and get an injunction against him..speak to your solicitor about this..it is cheaper than sueing him, and if he ignores the injunction then he gets a holiday at the tax payers expense for contempt of court.