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  1. #1

    * Really need advice on a legal issue!

    Hi all,

    I have ran my own hosting company since early 2009 and just a month ago a coperate company has snapped up the same domain but .com and set up a site under exactly the same name.

    The hosting packages are nearly the same as mine but alot cheaper. The company is a LTD company registered through companies house, london UK.

    I was just wondering what I can do after this has happened. Can I sort this out legally? Do I just change name? I dont really want to change name as i have had it since early 2009 and just starting to get my name out there....

    Please help me in anyway possible
    Thanks
    Rob
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  2. #2
    Join Date
    Feb 2010
    Location
    England, UK
    Posts
    537
    Firstly, have you tried contacting them and making your feelings known?

    Secondly, what is the name of their ltd company?

    If you are incorporated under HostABC Ltd and they have incorporated under HostABD Ltd then you can dispute them using that name with Companies House and they will be forced to change it.

  3. #3
    Quote Originally Posted by SercoNetworks View Post
    Firstly, have you tried contacting them and making your feelings known?

    Secondly, what is the name of their ltd company?

    If you are incorporated under HostABC Ltd and they have incorporated under HostABD Ltd then you can dispute them using that name with Companies House and they will be forced to change it.
    Hi thanks for the reply, Firstly I have not contacted the company just yet but I will tomorrow.

    Secondly I am not registered as a limited company at all, But I do have a legal contract between me and my investor which clearly states the name of the company, the date it started trading and the names of the people who own the company...
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  4. #4
    Join Date
    Feb 2010
    Location
    England, UK
    Posts
    537
    Quote Originally Posted by robbstech View Post
    Hi thanks for the reply, Firstly I have not contacted the company just yet but I will tomorrow.

    Secondly I am not registered as a limited company at all, But I do have a legal contract between me and my investor which clearly states the name of the company, the date it started trading and the names of the people who own the company...
    If your not incorporated then it can be quite complicated, you would really need to consult with a legal professional.

    That said, if you have been using that name since 2009 - you can *possibly* dispute this new company incorporating under that name. See here for more information.

    I'd definitely contact the CEO/MD of the other company and inform them that you have been trading under that name for some time and you feel strongly that they should not be using the same name.

  5. #5
    Join Date
    Oct 2010
    Posts
    1,784
    Well Paton is his last name and hosting is his business. Good luck with that.

  6. #6
    Join Date
    Dec 2007
    Location
    Indiana, USA
    Posts
    16,087
    Interesting, was the .com not available when you registered the .co.uk?
    Michael Denney - MDDHosting LLC
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  7. #7
    Join Date
    Apr 2001
    Location
    Paradise
    Posts
    11,868
    Contact to a lawyer, this is not exactly the best place to request a legal advise.
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  8. #8
    Join Date
    Aug 2003
    Location
    East Coast
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    2,063
    Honestly I think you are SOL. Unless you hold an International Trademark you are not really going to get anywhere.

  9. #9
    Join Date
    Feb 2003
    Location
    Cumbernauld, Scotland, UK
    Posts
    734
    If you have been trading for a long time then you may be able to convince WIPO that there is a trademark breach

    However, one of the golden rules when obtaining the Domain Names for use on a business, is to obtain ALL the main TLDs
    In the case of UK, this is .co.uk .com .net
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  10. #10
    Join Date
    Jun 2001
    Location
    Cheltenham
    Posts
    2,617
    You're really not going to win this one unless you can prove prior business trade, and even then as you are not a registered business you are pushing your luck.
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  11. #11
    If the website was yours, you would have had it. Unless you own the name, I doubt you can legally claim the .com address. You should try to work it out with them though, before trying to take them to court.

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