Being threatened with legal action!

[Pika]

Right, long post alert!
My business trading name is KB Hair & Beauty, I was contacted this morning via Facebook by KB Keeping Beauty telling me that in 2007 they copyrighted the name KB Hair And Beauty but changed their name to the new name in 2008. He's told me to rectify the problem or he will take legal action against me! I do hair and beauty and my initials are KB, hence why I chose my business name a few years ago. If I type in my name on google...I am the only business of that name that appears. What do I do!? Xx

 

[Lynne Baker]

You talk to a solicitor.

Edit: I've just done a search for both Kb Hair and beauty, and kb keeping beauty on the ipo website and nothing at all shows up.

Ask him for proof!

 

[Pika]

I was thinking about CAB? It's saying you edited your post Lynne but I can't see it. I wanted to know if anyone has been in this situation and if anyone knows where I stand? X

 

[Pika]

I've just seen it now, what is the ipo website?

 

[BannerPenguin]

I've just seen it now, what is the ipo website?

IPO website is the website where ALL trade marks and copyrights are held. If it's not on there then I guess it doesn't exist but as lynn said, ask for proof.

 

[Pika]

Panic over, I've just been contacted by a friends husband who is a solicitor, he said its absolutely fine as they can't
Actually 'copyright' the name, only a logo, and because I am trading under that name because it is my initials...he doesn't have a leg to stand on.
Phew!

 

[Lynne Baker]

Panic over, I've just been contacted by a friends husband who is a solicitor, he said its absolutely fine as they can't
Actually 'copyright' the name, only a logo, and because I am trading under that name because it is my initials...he doesn't have a leg to stand on.
Phew!

Um, I think they can trademark the name. Think about WH Smith, Lakeland, HP Sauce, HD Brows. These could all be names of people, like KB Hair and Beauty, but these have all been trademarked.

 

[Glittery]

I've spent a lot of time looking into this and whilst you can't copy right a name I.e beauty a made up name I.e beautique certainly can be along with a combinations of words i.e KB Beauty.

I've learnt something this week and my application is well in hand ;0)

 

[BannerPenguin]

I've spent a lot of time looking into this and whilst you can't copy right a name I.e beauty a made up name I.e beautique certainly can be along with a combinations of words i.e KB Beauty.

I've learnt something this week and my application is well in hand ;0)

I don't think this is copyrighting, this would be trademarking. Which you would be able to check on IPO website

Good luck on your application! So long winded sometimes.

 

[Glittery]

Sorry typo, trade mark was exactly what I meant

 

[Pika]

It's all ok now, I have a solicitor dealing with it now thanks for your replies. Could one of the mods delete this thread please?

 

[LBR]

I was thinking it had something to do with being a Limited Company?? that couldn't copy the name. Like if it was KB Hair & Beauty Ltd, you couldn't copy that as it was already taken.

 

[Pika]

Exactly, what they have been saying to me is completely laughable. My solicitor has investigated and they are not registered under any of their trading names anywhere (I've counted 4 different names)

 

[Lynne Baker]

I was thinking it had something to do with being a Limited Company?? that couldn't copy the name. Like if it was KB Hair & Beauty Ltd, you couldn't copy that as it was already taken.

Actually, yes, you can. What you can't be is KB Hair & Beauty Ltd, but you most certainly can be KB Hair & Beauty. Unless they have trademarked the name, which they technically can do.

And, unless you actually engage the services of a solicitor and instruct them to deal with this, the advice you get from a friend counts for nought, even if that friend is a solicitor. Trademark law is a complex area of law and not all solicitors will be au fait with the intricacies therein.

 

[LBR]

Actually, yes, you can. What you can't be is KB Hair & Beauty Ltd, but you most certainly can be KB Hair & Beauty. Unless they have trademarked the name, which they technically can do.

And, unless you actually engage the services of a solicitor and instruct them to deal with this, the advice you get from a friend counts for nought, even if that friend is a solicitor. Trademark law is a complex area of law and not all solicitors will be au fait with the intricacies therein.

Sorry, yes that's what I meant!

 

[bedoope]

So whst would happen if a compsny trademarked your business name years after you had been trading ??? Confused x

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[Lynne Baker]

If you can prove that you have been trading, you can object to them trying to trade mark the name.

 

[Ruth Mills]

I was thinking it had something to do with being a Limited Company?? that couldn't copy the name. Like if it was KB Hair & Beauty Ltd, you couldn't copy that as it was already taken.

Only if you also wanted to trade as a Limited Company.

e.g. I trade as Megtek Ltd, so it wouldn't be possible for someone else to set up another company that was also called Megtek Ltd.

But it would be possible for a sole trader to also trade under the name "Megtek", for example. Although I've trademarked the name "Megtek" (under the trademark classes relevant to my business - primarily IT and software) - so if anyone (in the UK) tried to trade using the name "Megtek" offering similar services to my own business, I would be able to take legal action against them for infringement of my trademark.

 

[smallandcute]

Right i have spoken to my lawyer regarding names and even if you trade under a limited company as 'xyz beauty' and another company which is not registared as limited wanted to use 'xyz beauty' they cannotbecause you have registration rights of that name even if they are a sole trader.

However if you were xyz beauty which was a limited company and trademarked it another company will struggle to prevent the trademark from going through as you own the limited company name too so always best to have both to ensure that your ip is protected.

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[Pika]

So I'm screwed? I'm so confused