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Some joker has set up a business using my trading name - any recourse?

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jimthistle73
1 Apr 2012 - 11:57 PM

It seems there's a chap trading in Preston as Emerson Photography - he's not doing much with his site which basically has the same URL as mine, but with a hyphen between emerson and photography. Looks like small scale commercial stuff but i do worry there might come a point when he begins to get busier. I've been using Emerson Photography since 2005 and own the .co.uk domain name as well as a few variants but can't afford to squat on every variation!

I contacted him just to sound him out (nice, civilised email) and he's just come back to me saying, "...I didn't check if there were others because essentially my website is just an online portfolio". He's touting for business using the site, and I don't know what to make of that really. And also, "...Obviously I chose the name because my name is actually Emerson so didn't think
twice about not doing!"

There are many other emersonphotographys out there but all are prefixed with a forename, or else based abroad, so confusion isn't likely to arise. Just a bit annoyed that this guy didn't do the sensible thing and Google his chosen trading name before setting up. Is there anything I can do?

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janeez
janeez e2 Member 61182 forum postsjaneez vcard United Kingdom8 Constructive Critique Points
2 Apr 2012 - 1:09 AM

I know a few years ago my brother managed to get a company to change its name as it was virtually the same as his and the same line of business. I think you need to prove how long you have been trading. Try your local authority first and it may be Companies House (if they still exist!) that will deal with it.

jimthistle73
2 Apr 2012 - 1:38 AM

Thanks for that - I can certainly prove I was in business first and will look into it....

popeyebilly
2 Apr 2012 - 7:30 AM

i did a course when i left the navy and i was informed by them that if i wanted to call business AJ PHOTOGRAPHY, that it didn't matter if there were more of that name as long as it was not in the same area as it was my name as well, but i was told that problem would be when i set up a website, if they owned all they domain names, but if the others only owned the .net .org .com, i would be fully entitled to used the .co.uk.

The course was a business start up course, so was aimed at things like that. If they are in your area, taking business away from you and using a name almost the same, then you will have a case, but there may be nothing that can be done if they are not.

keithh
keithh e2 Member 1022921 forum postskeithh vcard Wallis and Futuna33 Constructive Critique Points
2 Apr 2012 - 7:46 AM

There a plenty of businesses with the same name. How many hairdressers are called The Head Quarters etc.

There was a kid in Scotland using Northscape Photography and his website hyphenated the North and Scape. No idea if he's still going.

answersonapostcard
answersonapostcard Site Moderator 1012602 forum postsanswersonapostcard vcard United Kingdom15 Constructive Critique Points
2 Apr 2012 - 7:47 AM

you may have a case under this Passing off.

Easier to deal with now rather than later though, what if he is getting work because people are associating him with you? Or if he gives a bad service and people associate him with you?!

CathyT
CathyT e2 Member 87276 forum postsCathyT vcard United Kingdom18 Constructive Critique Points
2 Apr 2012 - 8:47 AM

Maddies ex and my hubby had the same business trade name Advance Plumbing and Heating and Advanced Plumbing and Heating ......neither of us new each other then....small world.

pabloisme
pabloisme  4565 forum posts England
2 Apr 2012 - 8:49 AM

well as you both have multiple web site's yours forwards to http://jamieemersonphotography.com/

and his does similar to http://emerson-photography.com/

with domain names it is a first come first served set up, so
a, you should have bagged all the options when you bought your 2 (maybe more?)
1, if you did it off your own back then it's a case of maybe regretting not getting or paying for domain name advice (not many do, BUT may have been a good idea?)
2, if you took and paid for advice then sue the advisor.

b, use the seo to greater advantage to out weigh him the other site's owner because there is....
c, not a lot you can do, there is a dispute resolution service for both .co.uk and .com BUT I highly doubt wether you will win with what you have told us! so
d, you will have to live with it

passing off is difficult to apply here, UNLESS you have trademarked the name / names, so I assume NOT?

he may be a small trader, sole trader, as you may be, say fred bogiss "Trading As" emerson photography = not illegal. he may live on emerson street, may be his grannies name, 1001 reasons.

however I have delt with some cases where it has been registered to gain a financial advantage, here my advice is
if its cheap pay it, they will get bored paying the renwals, but dont lose sleep...........

there is a joker (ok a lot) who hijacks (a) the name and redirects it to a competitor

a good misspelling (for advantage) ploy is lidl.co.uk MISSPELLED TO lidel.co.uk I bet a lot do this?
redirects to tesco.com neat eh BUT the company either wont do the legals or dont care? this is probably unlawful

so you aint so bad off eh?

Last Modified By pabloisme at 2 Apr 2012 - 8:51 AM
njsmith
njsmith  984 forum posts United Kingdom
2 Apr 2012 - 10:06 AM


Quote: I've been using Emerson Photography since 2005 and own the .co.uk domain name as well as a few variants but can't afford to squat on every variation!



Hi Jim,

I'm sorry to say but I think you'll find you do not own your co.uk domains you're only licenesed to use them by Nominet as long as you use them correctly. A little like a Private Registration mark on a car.
I read an article along time ago where Business (1) registred a domain soley to prevent business (2) using it. Business (1) did not activily use the domain so Business (1) complained to Nominet and Nominet removed Business (1) licence and prevented Business (1) using it.

If the other business is using a domain name similar to yours with the intention of taking business from you Nominet (in the UK) may be able to assist you.

Regards
Nick

Last Modified By njsmith at 2 Apr 2012 - 10:11 AM
User_Removed
2 Apr 2012 - 10:49 AM

There used to be a legal requirement to register business names with (strangely) the Registrar of Business Names. This disappeared in the bonfire of red tape round about the mid-80s.

You now only have recourse against the guy if you can convince a Court that he is using the name fraudulently with a view to stealing your business. Very difficult to prove even if it is true. And virtually impossible to make stick if his name is actually Emerson and his activity is actually photography.

Using a hyphen in a domain name is a very common and perfectly acceptable way of registering a domain if a similar one has already been taken. (and also to separate words because a space cannot be used - one of my domain names is www.premier-pages.co.uk for that very reason.)

.

Last Modified By User_Removed at 2 Apr 2012 - 10:51 AM
Carabosse
Carabosse e2 Member 1139395 forum postsCarabosse vcard England269 Constructive Critique Points
2 Apr 2012 - 10:58 AM

This is why businesses often buy up every possible domain name which is remotely like their own - and even buy domains, often at inflated prices, from others who already own them.

MeanGreeny
2 Apr 2012 - 11:04 AM

I think all you've done here is get his website to the top of the Google searches through opening this thread [check it out - I did].

Look on the bright side - if he's better than you, you might get some of HIS business Smile

I'm not helping am I?

Last Modified By MeanGreeny at 2 Apr 2012 - 11:07 AM
jimthistle73
2 Apr 2012 - 11:28 AM

Lol at MeanGreeny! And Nick, yes, I'm aware that I don't actually OWN the domain names, but it's quicker to type, innit! Thanks for all the replies. I'm not particularly worried that this guy will steal business from me - it's clear he's just getting set up and he doesn't make a big deal out of shooting weddings which is my bread and butter.

It just irks me that he didn't do his homework before choosing a name for his business, and there is the possibility that if he continues working in photography, there might be some confusion further down the line.

digicammad
digicammad  1121988 forum posts United Kingdom37 Constructive Critique Points
2 Apr 2012 - 11:38 AM

I know it's frustrating Jamie but if he does have the same name as you it sounds more like a coincidence than any malicious intent.

He may well end up with some search traffic ending at his site, but if it is just a portfolio and not well optimised there is little chance of that. You need to keep your SEO up, get those inbound links working for you. Also, if your site is older Google will rate it higher anyway.

I wouldn't even bother putting a notice up to say you are nothing to do with him, all that will do is draw attention (and search engine traffic) to his site.

At least you live a decent distance apart. Smile

Ian

ade_mcfade
ade_mcfade e2 Member 1014794 forum postsade_mcfade vcard England216 Constructive Critique Points
2 Apr 2012 - 11:53 AM


Quote: I'm sorry to say but I think you'll find you do not own your co.uk domains you're only licenesed to use them

....was it just me who read this in the "monty python accountant" voice ?

Wink

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