Salon opened almost using my name in same street!

[totalbeauty]

Does anyone know if opening a beauty salon in the same street with almost the same name is legal. My salon has been open for 10 years, it has'nt been all plain sailing either I can tell you, but a couple of girls have opened a salon down the road from me for the third time now, each time with a different name, and have used the name Total Beauty, my salon is Total Image Health & Beauty.

I know that I am more established, but people may go there thinking it is us and building on our reputation, do you think there is anything I can do about this? Or do I just have to ride yet another storm?

Any help would be gratefully appreciated.:irked:

 

[Sarah-Jean]

Honestly, I think the names are far enough apart that there is probably nothing you can do.

If your salon was Total Image Health & Beauty and they'd opened one that was Total Image Health & Beauty Salon, then I think you'd have a case.... But I'm honestly not sure it would come to anything if you took it further with that much difference between them.

I would be pissed though if I were you, and would be seeking legal advice regardless just in case there is anything that can be done about it.

What a bunch of sad muppets they must be though, to not be able to come up with their own name...

 

[missymish]

That is so bad why would people do this. Your name is what identifies your business and you.

Well hopefully customers will see them as a salon with NO identity and will continue to come to you :hug:

 

[My Gorgeous Bod]

Someone asked a slightly related question about business names before and in that case my feeling was to let it go as it was too different, different sets of operations and the newer name may not have known about the other company name. But this. This is a bit much. In the same street, or even if it was the same town. The thing is, you would have pay all the legal costs to ascertain your position and if you are in a financial position to do so then I would. On the other hand, you could look at it that this is the third salon they have opened and I presumed each has closed before re-opening so how long before this one closes?

You might want to contact each of your suppliers to make sure there is no confusion with any orders or accounts you might have. And the Post Office too for deliveries. Doing that would be a little effort but cost nowt and could be done tomorrow.

Do you have someone you know and trust who could pop along to the new salon and to discuss bringing these concerns to their attention. Not in a threatening way but in a sort of lets work this out way before you have to get too serious with legal stuff. You could really do with a legal opinion.

Good luck!

Caroline x

 

[M00min]

They obviously have zero business sense. They had the perfect opportunity to do something new and different to differentiate themselves from your business - but did the opposite. I fail to see how they'll benefit from having a name so close to yours - it's just going to cause confusion for all concerned. The only thing I can think is if they're part of a chain and that's already a brand they've established? Really frustrating for you though. Perhaps someone at Business Link could give you some free advice? x

 

[totalbeauty]

I am going to ring the legal help line with the FSB tomorrow and see if anything can be done about it. Will let you all know the out come!

 

[mrs o]

I had the same thing happen years ago-i couldnt do anything but I used to get all their bills!
And i am such a bitch i used to rip them up- the only satisfaction i got was hoping they would be cut off etc! Let your local Post Office know to direct your post to you.Iknow it was not nice,but hey neither were they.

 

[HairSquared]

wow! Over here, that is totally a no go! Good Luck, push your case.

 

[Verve Designs]

Sorry to say there's nothing you can do about it. Unless you can prove they're "passing off" (trying to present themselves as your business) which would be nigh-on impossible.

Take it as a compliment, out-market them and use it as a motivation to grind them into the dirt!

Incidentally, if they can't even choose a business name without ripping people off a few doors down, then I wouldnt worry too much about their business acumen. They'll be out of business is 6 months (again).

 

[Murnettie]

Dont mess with Mrs O:lol:

 

[TheBack&Beyond]

I would be pissed though if I were you

You can say pissed but you can't say **** here? That's just weird!

Back to the Q - it's down to you to out-market them. IMHO don't be tempted to discount> no one ever wins.

 

[TheBack&Beyond]

You can say pissed but you can't say **** here? That's just weird!

Back to the Q - it's down to you to out-market them. IMHO don't be tempted to discount> no one ever wins.

that's D I C K that the forum **** out!

 

[Sarah-Jean]

LOL I discovered a naughty word we can get away with! Yay!!!

 

[smooth]

Does anyone know if opening a beauty salon in the same street with almost the same name is legal. My salon has been open for 10 years, it has'nt been all plain sailing either I can tell you, but a couple of girls have opened a salon down the road from me for the third time now, each time with a different name, and have used the name Total Beauty, my salon is Total Image Health & Beauty.

I know that I am more established, but people may go there thinking it is us and building on our reputation, do you think there is anything I can do about this? Or do I just have to ride yet another storm?

Any help would be gratefully appreciated.:irked:

Why are you called total beauty but your website is totalimage?


Anyway, there is absolutely nothing you can do unless you are a ltd company, if so then you can demand that they change their name and they would have to foot the cost of this change, including all signage, documentation and price lists etc. If however, you are a sole trader then you will just have to sit there and do nothing.

 

[totalbeauty]

Hi Guys, thanks for all your replies, I am called totalbeauty on here because it is just me and not my company total Image, nothing more, nothing less. I have had legal advice, and it was the same as Carl from Verve said, I have to prove that they are trying to pass off their business as their own, so I am just going to have to ride the storm once again. I will not be cutting my prices because of these new people, in fact it is nearly the time of year when I do my yearly price increase, which I will definately still be doing because of the VAT increase, but I will be adding value to my treatments, and also have some new treatments to add to my price list too!:hug: