Two Businesses with same name !!!!.......

[MustangLady]

My brother and his wife own a cafe on a trading estate called "Wickford Diner", which they have had for nearly two years under that name (it is not a Limited Company). Last week he had a leaflet/menu put through his cafe door from a competitor who is based in the town centre (only 10 mins drive away) and that cafe has only just opened within the last week .... guess what, they've called it "Wickford Diner". My brother paid them a visit and explained that his cafe was given that name 2 years back and asked (as they had not yet put the sign name outside the shop) if they would consider changing it. They were Greeks and acted as though they did not understand what he was saying ! He left their cafe in dispair wondering if there is anything he can do in this situation? In addition my brother's cafe has got a good reputation on the trading estate where they are based and he does not want anyone to think they are the same people owning the one in the town centre, nor in anyway associated with that one. Can anyone make any suggestions as to what my brother can do in this instance??? thank you.

[whqttt]

There is a concept in law of "trading off".

It basically states that it is not permissible to trade in a business using the same name/trade marks as another.

How you'd go about taking this to court, I don't know. I suspect you'd find it cheaper for your brother to rename his own business (and register it with company house this time), than effectively drag his own name through the court.

People are fundamentally stupid, and if he takes it to court, you can count on at least half the readers of your local paper to think he's the copy, and not the original.

[mrs_overall]

I would have thought a letter from your solicitor to them would be the first step and this may just make them reconsider.
Good luck.