Help!!! - Salon with same name

[shellnorris]

Hi geeks

Ive had my salon for 9 years and another salon has just opened up 10 minutes down the rd and is using the same name as my salon. Is there anything i can do.

Thanks for your help

 

[sparkle-rose]

Oh that's terrible, I think it works that if you have registered your name then yes you can do something about it.

If not then sadly there is nothing you can do. This is where you can find out.

http://www.companieshouse.gov.uk/

Good luck & hope it all works out for you

xxx

 

[allyballybee]

OMG, how cheeky is that?

 

[Martin Duffy]

OMG, how cheeky is that?

And how naff! I'd be embarrassed to open a salon called the same name as another in the same place; it's such a cheap & tacky tactic.

 

[shellnorris]

I no i have a good mind to contact the salon, but what am i ment to say if i haven't got a leg to stand on. Im gutted :irked:

 

[persianista]

If you trade under a ltd co, there are laws about "passing off" you need to see a commercial lawyer. Pick one who does commercial litigation. Expect to pay about 300 per hour. Good luck. x

 

[collin]

Hi geeks

Ive had my salon for 9 years and another salon has just opened up 10 minutes down the rd and is using the same name as my salon. Is there anything i can do.

Thanks for your help

There most definitely is...you don't have needed to have registered your name...if there calling there salon the same a s you and if its within walking distance of your salon(I.E. within your catchment area) then dam right you have the makings of a real case for stopping them.

I would seriously suggest you contact your local trading standards office and register a complaint of another competitor "passing off on your reputation"...simply explain whats going on and see if they will pay a visit.

Alternativley for a hundred quid or so go see a solicitor and get them to serve a "desist order" on them on the basis they are "passing off " off the back of the goodwill you have worked so hard in building up.

They wont and shouldn't get away with this...go get em grrrrr :hug:

 

[shellnorris]

Im a sole trader. I can't understand why they would use the same name when there are millions of names out there.

 

[collin]

Im a sole trader. I can't understand why they would use the same name when there are millions of names out there.

If you are a sole trader then you actually have a better case...why ..other than trying to pass off of your reputation would they use the same name :hug:

Go get em...and good luck to you :hug:

 

[katiebbaby]

If you trade under a ltd co, there are laws about "passing off" you need to see a commercial lawyer. Pick one who does commercial litigation. Expect to pay about 300 per hour. Good luck. x

MMM dont think so, they cant be ltd but could be same name slightly alterd but minus ltd. Unless it has been copy writed or patented, which costs lots, dont think you can do much.

Lets face it this shop obv is aware of yourselves, or they are plain silly to open a shop and not researched competition. I would write a letter or telephone asking to speak to owner, and be polite asking if they were aware of you having the name???? x

 

[katiebbaby]

OMG, how cheeky is that?

I would call it flattery,,,, xxx '

 

[perfect10kb]

Hi ,

Years ago a salon opened up 12 miles away from me and was using my name . I had been trading under that name for about 5 years at the time . I am NOT a ltd company .

Called Citizens advice and they said that even though not Ltd because I had been trading under that name I did have a case and they could not use that name .

I was lucky because I telephoned the salon and they were very nice about it , said they did not know and changed their name .

Call Citizens advice and see what they advise


Karen

 

[jes]

It makes no sense for the new salon use your name. It will be counter productive to both of you as it will just confuse the customers:irked:.

Is there a possibility that the new salon don't realise what they've done? Maybe a conversation with them would get them to change their name?

jes

 

[katiebbaby]

Hi ,

Years ago a salon opened up 12 miles away from me and was using my name . I had been trading under that name for about 5 years at the time . I am NOT a ltd company .

Called Citizens advice and they said that even though not Ltd because I had been trading under that name I did have a case and they could not use that name .

I was lucky because I telephoned the salon and they were very nice about it , said they did not know and changed their name .

Call Citizens advice and see what they advise :-



AHH yes but did you proceed, Im very sure that unless you have your business name logo copywrighted or patented under companys house, there is little else you can do. xxx Just because they live close to you with same name does not mean you can take that name off them, iygwim. Im sure you can make a domain name protected, ie, .com or .co.uk,, but not your business unless you pay,,,ALOT xxxxxx


Karen

AHH yes but did you proceed, Im very sure that unless you have your business name logo copywrighted or patented under companys house, there is little else you can do. xxx Just because they live close to you with same name does not mean you can take that name off them, iygwim. Im sure you can make a domain name protected, ie, .com or .co.uk,, but not your business unless you pay,,,ALOT xxxxxx

 

[beth1967]

To my understanding if you are registered, and if they went to register they will be told it is taken. Also if down the road they get in trouble with goverenment owing $$$. They may seek you also or other companys looking for their money. I know of a company that has happened to, non hair related but still business is business and not in the same town but same province. They never had to pay but had to prove they were not together and it went on for a few years. little scary.

 

[shedunlop]

Contact the owner of the salon first and judge for yourself. It may be a genuine mistake. Really, there are lots of people who do little research and who think the name they have chosen is so unique. If you are lucky then there will be no problem but at least you will know. You could ask a friend to book in with them and mention that there is another salon with the same name and see what reaction there is?

Find out first, it may not be as bad as you think. Good luck my darling

 

[shellnorris]

Hi thanks everyone for you feed back. I contacted business link and they put me in touch with one of there lawyers. They have told me i do have a case. So will let you no what happens

 

[angeleyes01]

You should contact the salon owner / manager, introduce yourself and make sure they actually know about your salon (it's unlikely that they don't but you never know).

Ask them to use a different name. If they refuse or are not nice, tell them that you will be seeking legal advice.

The next step is to make sure that your customers are reminded of where you are and that you have been in business for five years. You should send them a letter / text / email to say that you are celebrating 5 years in business this year. You should consider a loyalty card or a special price for loyal / existing customers.

Consider refreshing your salon or the outside of your salon so you don't look 'old' compared to the new copycat salon. A coat of paint might not cost too much but will make the salon look fresher and more vibrant.

See if you can get any coverage in a local magazine. I got some press coverage in two local paper when I introduced a new product - Easydry - a disposable / eco friendly towel. I actually got new customers from it so it could be worth looking at it.

Best of luck with it all - we're all rooting for you.

 

[An*Gel]

When I started out in business and had my first nail bar I registered the name and it wasn't expensive (I'm sure it was only about 30 quid)

I wonder if you could go ahead and register it now to make your case stronger?

I really can't believe someone would set up a business and not know about their competition, but, as already advised, I would ring the salon and give them the benefit of the doubt.

If they say no... Well, it looks very bad for them doesn't it?.... and it wouldn't instill much confidence in me, as a client to go to them, as it looks like they are trying to ride on the back of your success.

You said someone else had your name too and they changed it.... I would definitely see about registering it so this doesn't happen again

I'll be very interested to see how it all works out

Best of luck :hug:

PS: I'm dying to know what your salon is called.. are we allowed know.. we won't steal it I swear :lol:

 

[An*Gel]

Just had a peek at your profile,.... nice name