hi i opened my tanning & beauty salon over 2 years ago called Diva. 50% of the work i do is nails. A hair & nail salon has just opened 3 mile away called Diva's i have had loads of clients asking if i was moving or opened another salon, i have seen the salon and the sign is practically the same with black background with silver and red writing with Diva in very similar font. even the inside of there salon is the same colour scheme. I have asked them to change there name to stop confusion and they refused. i spoke to my solicitor and she advised me to leave it as it could cost me between 5 and 10 thousand pound to take them to court. i am gutted its took me over 2 years hard work and the money i have put into advertising and they can get away with passing off as my salon. has this happened to anyone else?
Another salon using my business name!
- Thread starter KAZY
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karmajules
Well-Known Member
Wow, what a rotton thing to do, talk about bad karma! It doesn't sound like there is much you can do and if your change your name, they will be the ones to benefit.
Probably a stupid idea, I know, but why not call yourself,
(the) 'orginal' diva, or the one and only diva? You could add 'the original' part as if it was hand written and added in above Diva. Maybe just "Original Diva"
Jx
Probably a stupid idea, I know, but why not call yourself,
(the) 'orginal' diva, or the one and only diva? You could add 'the original' part as if it was hand written and added in above Diva. Maybe just "Original Diva"
Jx
redsadie
Well-Known Member
Aw, that's awful hun :hug:
I don't suppose it'd be so bad if thay hadn't copied your decor and signage too. It just goes to show that the law can't protect you in circumstances such as these :evil:.
What about if you made yourself a limited company (if you aren't already)? Would that help? I don't know, you'd have to speak to your solicitor.
I hope you get some resolution hun :hug:
xx
I don't suppose it'd be so bad if thay hadn't copied your decor and signage too. It just goes to show that the law can't protect you in circumstances such as these :evil:.
What about if you made yourself a limited company (if you aren't already)? Would that help? I don't know, you'd have to speak to your solicitor.
I hope you get some resolution hun :hug:
xx
They must be hard up for ideas if they need to steal yours. They probably figure they don't need to put in the effort of looking for clients because they'll be hoping that they'll come in thinking it's you.
Here is Australia, if you register a trade mark then it stops anyone else having anything remotely similar. So if I registered my business name and logo as a trade mark, no-one could use anything that was similar. Check and see what applies to where you are.
Here is Australia, if you register a trade mark then it stops anyone else having anything remotely similar. So if I registered my business name and logo as a trade mark, no-one could use anything that was similar. Check and see what applies to where you are.
You can't prevent them from using the same name unless you registered it, and that would cost a fortune too, it's unethical and downright nasty on their part, and you have my sympathies and indignation on your behalf.
There's no reason why your solicitor can't write them a strongly worded cease and desist type letter outlining the actions you will take if they do not change their name within a certain time frame. You don't actually have to go through with the actions mentioned but hopefully an official sounding and looking letter will be enough to scare them off.
A letter shouldn't cost you more than a few hundred pounds at the most and you can claim for this in your tax return.
Good luck
There's no reason why your solicitor can't write them a strongly worded cease and desist type letter outlining the actions you will take if they do not change their name within a certain time frame. You don't actually have to go through with the actions mentioned but hopefully an official sounding and looking letter will be enough to scare them off.
A letter shouldn't cost you more than a few hundred pounds at the most and you can claim for this in your tax return.
Good luck
spakitten
Well-Known Member
I like KarmaJules idea, you should play at their own game.
By adding Original or One and Only to your name you'd not only be seperating your salon from theirs, but they'll probably be right pissed off!
They gave you a low-blow, you should return the favor :lol:
By adding Original or One and Only to your name you'd not only be seperating your salon from theirs, but they'll probably be right pissed off!
They gave you a low-blow, you should return the favor :lol:
yes sounds good i think the next time i put an advert in the local paper i will put something on the lines of please note we are the one and only diva, any salon with similar name, design or colour scheme has nothing to do with diva and i would like to apoligise for any confusion caused to my clients.
Miss Sylk
Well-Known Member
Aw you poor thing.
they are ether scumbags or just plainstupid and havent done their reserch in the close by area. Dimwits!
Make sure everyone knows that they called it Diva to pinch your clients, clients will stay true to you, they will think they are as nasty as you think they are.
The Original Diva is a great idea, do it, they wil hate it. I know its a pain to have to change due to some brainless lazy arses, but its one up on them!
Work your socks of girl, you can succeed non the less!
they are ether scumbags or just plainstupid and havent done their reserch in the close by area. Dimwits!
Make sure everyone knows that they called it Diva to pinch your clients, clients will stay true to you, they will think they are as nasty as you think they are.
The Original Diva is a great idea, do it, they wil hate it. I know its a pain to have to change due to some brainless lazy arses, but its one up on them!
Work your socks of girl, you can succeed non the less!
What a dam shame when people copy a successfully business and whilst our laws are here to protect us all they unfortunately do sometimes fall short of those that sail close to the wind.
Unless you have the name registered or you are a LTD company there isn't a lot you can do......well except for one possibility :twisted:
:idea:There is however an area of the law that I feel if you can approach in the right way that may just get a result for you.
It is not allowable for an individual,company or a business to derive business of the back of another by implying it is the same as the other business. :irked:
This is classed as passing off and is illegal.!!!!!
I.E you would not be allowed to open up a burger bar and call it Mic Donald's and especially if you use the same decor etc.
I do feel that this salon is using your salon to portray to the general public that you are one of the same and therefore they are "inappropriate" gaining business off the back of yours.:irked:
A solicitor should advise you on what action you should take however ,and sometimes a better and cheaper route ,is simply to call up Trading standards and lodge a complaint and as such they will have an obligation to investigate the complaint.
Now it does depend on who answers your initial call...sometimes a less experienced operator may just try and fob you off..if you are not happy with their response ask to speak to the next person above ...if you are persistent and firm they will open an investigation up and will have to look fully into the complaint.
They could well say they don't agree with your complaint..however they could well agree with you and the offending salon will be forced to make necessary changes that comply with trading standard findings.
:idea:It is always worth remembering that we all have access and the right to call trading standards and lodge a complaint if we feel unfairly treated or that the governing laws are being misused or abused.:irked:
The trading standards findings are final and any business or individual that breaches their findings can find themselves in deep trouble and if consistently found guilty can result in criminal proceedings being levied upon them....even with Limited companies where the directors would be held liable.
So maybe worth giving this route a try..its free and gives you some weight behind you..weather you are the smaller fish in any given scenario.
Good luck and don't let em take advantage of your hard earned reputation :hug:
Unless you have the name registered or you are a LTD company there isn't a lot you can do......well except for one possibility :twisted:
:idea:There is however an area of the law that I feel if you can approach in the right way that may just get a result for you.
It is not allowable for an individual,company or a business to derive business of the back of another by implying it is the same as the other business. :irked:
This is classed as passing off and is illegal.!!!!!
I.E you would not be allowed to open up a burger bar and call it Mic Donald's and especially if you use the same decor etc.
I do feel that this salon is using your salon to portray to the general public that you are one of the same and therefore they are "inappropriate" gaining business off the back of yours.:irked:
A solicitor should advise you on what action you should take however ,and sometimes a better and cheaper route ,is simply to call up Trading standards and lodge a complaint and as such they will have an obligation to investigate the complaint.
Now it does depend on who answers your initial call...sometimes a less experienced operator may just try and fob you off..if you are not happy with their response ask to speak to the next person above ...if you are persistent and firm they will open an investigation up and will have to look fully into the complaint.
They could well say they don't agree with your complaint..however they could well agree with you and the offending salon will be forced to make necessary changes that comply with trading standard findings.
:idea:It is always worth remembering that we all have access and the right to call trading standards and lodge a complaint if we feel unfairly treated or that the governing laws are being misused or abused.:irked:
The trading standards findings are final and any business or individual that breaches their findings can find themselves in deep trouble and if consistently found guilty can result in criminal proceedings being levied upon them....even with Limited companies where the directors would be held liable.
So maybe worth giving this route a try..its free and gives you some weight behind you..weather you are the smaller fish in any given scenario.
Good luck and don't let em take advantage of your hard earned reputation :hug:
it was just a matter of time before someone started a thread like this, I can't belive how many similar names you have in your country.
In AUS, we are not allowed to have anything similar.
It is very important to register your business name.
Now just as an experiment to see how original you are, go to google.co.uk and search for diva nails .........
In AUS, we are not allowed to have anything similar.
It is very important to register your business name.
Now just as an experiment to see how original you are, go to google.co.uk and search for diva nails .........
You are right there ...I think it is very much a cultural thinking thing...I guess you guy's down under have a similar attitude to these things as in the USA.
Unfortunately here in the UK it's far to often forgotten and consequently prob;ems to crop up....generally speaking..as in this case ..once a business becomes successfully everyone wants to copy that success.
It is so important to make sure you cover all aspects of your buisness...trademarks copyright are major items to protect yourself against...you don't want any old Tom **** or Harry copying your business success.
pazzy
Well-Known Member
Really feel for you mate.
One thing I can't stand is copiers. It shows weakness and no originality.
Clients arn't stupid - they will put 2 + 2 together and realise its not you.
What goes around most defnitely comes around - it always does (just not quick enough for me sometimes lol).
I have seen some pathetic copies of sucessful businesses up here - and it never works for them. How can it? People expect the same service as the original - if not they simply don't come back.
One thing I can't stand is copiers. It shows weakness and no originality.
Clients arn't stupid - they will put 2 + 2 together and realise its not you.
What goes around most defnitely comes around - it always does (just not quick enough for me sometimes lol).
I have seen some pathetic copies of sucessful businesses up here - and it never works for them. How can it? People expect the same service as the original - if not they simply don't come back.
geeg
Judge Gigi-Honorary Geek
Disheartneing for you.
I suppose I see it all the time as people who are not associated with Creative use the word in their business names to lure the unsuspecting into their clutches :lol:.
Take a look at Scratch magazine and see how many other nail companies use the word Creative in their wording to help associate themselves in peoles minds with CND! It is so obvious and so pathetic ... not sure if it works, as I think most people can spot what they are doing a mile away.
Still in your case with them being so near is is definitely 'passing off' an if you want to go to all the effort of sueing them you could on this point. If a name is precious to you you should register it for sure..
I suppose I see it all the time as people who are not associated with Creative use the word in their business names to lure the unsuspecting into their clutches :lol:.
Take a look at Scratch magazine and see how many other nail companies use the word Creative in their wording to help associate themselves in peoles minds with CND! It is so obvious and so pathetic ... not sure if it works, as I think most people can spot what they are doing a mile away.
Still in your case with them being so near is is definitely 'passing off' an if you want to go to all the effort of sueing them you could on this point. If a name is precious to you you should register it for sure..
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If you are considering taking action against this compeditor...go the route of Trading standards first...this route is free and if it fails you always have the option of utilising the services of a good solicitor.
Good luck :hug:
Good luck :hug:
sam28
Well-Known Member
MicDonalds - lol !! Thats put a smile on my face and made me chuckle (small things amuse small minds you know) ..... Anyway back to the question in question ! - Must admit what a downright awful thing to do to you. I would definitely have new signage all singing and dancing called the ORIGINAL Diva. Arent some people just numb, even if its legal its not exactly ethical three miles away. Hope you get it sorted out
sam28
Well-Known Member
Just out of interest, do you need to pay to register your business names over there, how does it work, is it something you "must" do - just interested ??
Bebeautiful
Well-Known Member
Hi Kazy, this is terrible news and we are all feeling it (even though it is not happening to us). How about you tell your clients what you have told us ie, ask them how they feel about the other salon and how unfair it is to you and the effect it has on your business. Remember that this is not your fight it is the other salon's fight. Your clients are loyal to you and you have 2 years ahead of the other salon. If anything try to get them to keep their loyalty with you :hug:. At the end of the day, there is a limit to what you can do and remember that if you start to pay attention to them it would effect your business ie paying to take them to court. Kama is the best thing for you right now. Please, please don't feel that you are on your own we are here to advise and please keep us informed. I really hope this is helpful.
I think this is a definite Trading Standards issue. I have had many dealings with my local office and they are usually really helpful - and free! Good luck and if all else fails get someone to torch the place (only joking!!!!!!!!) x
theblissfulcure
Active Member
How were they able to do that in the first place. Pardon my ignorance (I'm from the States, not UK) but did you have to register your name and type of business before you opened it?!
Here, in order to open a salon you have to file business entity formation documents with your State. This reserves your name and prevents anyone else from using that same name within that State. If you want it reserved within the entire country, you have to do a similar filing (in EVERY State you plan to operate) and/or can apply for a patent/trademark for the name (which can be more costly).
Since the damage is done, is there any way to do a "partnership" with them where you could call yourselves, Diva I and Diva's Too? Sorry, I'm angry FOR YOU!!:irked:
Here, in order to open a salon you have to file business entity formation documents with your State. This reserves your name and prevents anyone else from using that same name within that State. If you want it reserved within the entire country, you have to do a similar filing (in EVERY State you plan to operate) and/or can apply for a patent/trademark for the name (which can be more costly).
Since the damage is done, is there any way to do a "partnership" with them where you could call yourselves, Diva I and Diva's Too? Sorry, I'm angry FOR YOU!!:irked:
