Protecting your Business from ‘Passing-Off’

25th October 2011
Protecting your Business from ‘Passing-Off’ image

Protecting your Business from ‘Passing-Off’

When your business is successful, and builds up an excellent reputation and customer goodwill, competitors may try to pass themselves off as your company in order to “steal” some of your business.

What is Passing-Off?

The most common form of passing-off is when a competitor uses a similar name to that of your business.  The unscrupulous competitor could trade using a name similar to yours, perhaps with only a slight change which a customer might not notice.  As a result that customer could go to this competitor in error, rather than yourself, resulting in a loss of business for you. Furthermore if your competitor is not as good, your reputation could plummet.

The actions of the competitor here do not have to be intentional, and you can go to Court to protect your business.

Other common forms of passing-off include using a similar logo to you, or advertising using similar or same slogans etc.  These things can confuse customers, re-directing their business elsewhere.

What problems can Passing-Off cause? 

Obviously your business may lose out on customers who have been led to believe that another business is actually you, and you might not even know about it!  Not only do you lose these customers, you can also lose their repeat business.  Furthermore if that competitor’s business is not as good as yours, your reputation can be damaged and adverse publicity may follow.  It can be very difficult to quantify how much loss or damage a passing-off can cause.

What can you do about Passing-Off? 

You might be able to get an injunction stopping your competitor from using the offending name, logo or advertisement, as well as getting compensation not only for loss of earnings but also for any gain made by the competitor from using your name etc.

If you think that someone is passing-off as your business, then you need to take action straight away.  Often the offending business, when confronted, will back down and refrain from using the offending name etc.  If they don’t, then you need to take the appropriate legal action to protect your business.

For advice on passing-off actions or any issue as to intellectual property please contact Daven Naghen on 01775 722261, or at 23 New Road, Spalding, Lincolnshire PE11 1DH or Gemma Mayer on 01775 722261, or at 23 New Road, Spalding, Lincolnshire PE11 1DH.

The Will Writing Company Limited image

The Will Writing Company Limited

It has been reported that The Will Writing Company Limited, whose registered office is at Ergo House, Mere Way, Ruddington Fields Business Park, Nottingham, have ceased to practise.

If you made Wills using this company then it is probably worthwhile making contact with them in order to retrieve your Wills. Once you have your Wills you may wish to make an appointment with one of the lawyers in our Wills, Lasting Power of Attorney and Probate Team in order to review your Will to ensure it still accords with your wishes. We also offer a Will storage facility which is free of charge.

To review your Will please contact one of our lawyers in the Wills, Lasting Powers of Attorney and Probate Department:-

Jane Mawer-
Jamie Dobbs-
Faye Blair-

Or telephone the office on 01775 722261 and ask to speak with one of the team.

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Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

This is the second time we have used Mike Pepper at Maples Solicitors in the sale of our house. We cannot praise Mike enough for the highly efficient and professional service that he has provided us with. He is by far the best solicitor we have ever worked with, and the service that he has provided us with has gone far and beyond anything we have ever experienced. We have found the whole process to be a very relaxing experience.

Claire Smith FCILEx

Claire Smith has been amazing in every way. I highly recommend her and I am so grateful for all her help. She’s professional on all levels, reliable, extremely organised and I will be recommending her to everyone. I’m very lucky to have had her representing me and I can’t thank her enough. She is an asset to Maples. Thanks so much Claire!

Anita Zaborniak

We found it a pleasure to deal with Anita Zaborniak, she was most helpful and informative and kept us up to date with the progress of the purchase of our new home. If we were to move again we wouldn’t hesitate to use Maples again.