[Dave_Lee]

Hi All,
What would you do, and does anyone know the exact legal position.
A few weeks ago a distant splash and dash firm blanket covered our area with cheap priced leaflets (Yuo know the type)
problem is they use the same trading name that I have used in this area for over 24 years. Several of my clients have phoned to warn me, some confused as to whether it was me. I phoned the firm and told them they couldnt just market an area using the same name as an already established business in that same area carrying out the same line of work.
Today I did a repeat job for a client - the daughter who was left in charge, said "Same as you did three weeks ago". I told her I hadnt done any work in their road this year. Turns out her mother had called this other firm by mistake - not taking much notice that it was a diferent area code etc.  They still thought it was me.
I wonder how many other of my hard got, clients think the same, and maybe have used this firm and received the same inferior service and still think its me - this would obviously affect my repeat work in the future.
What would you do (Legal that is).
Dave.

[lee_gundry]

I think you can do nothing.

Lee G

[woodman]

Save your money with the legals if your names not registered there is nothing you can do on that score.

I suppose you could blanket cover their area with your name then their area customers would think they were using them when in fact they would be using you

Alternatively if you really are worried place a prominent announcement in your local paper aimed at your existing clients informing them of this rogue company operating under your good name etc etc and ask to call you on your number instead of theirs. You will probably pick up a few new customers as well that they have inadvertently alerted to your service.

[Chris R]

All you can do is send out a mail shot to all of your client database, telling them about the other firm. Perhaps add something to your trading name to prevent problems in the future- For example - Servicemaster (Sheffield).
The splash and dash will come around again at sometime.
Chris

[Big_Fish]

I think that there is little you can do legally, the same thing happened in our town with 2 nursery schools. One very established with an excellent name, the other brand new and needing new clients. It's dirty but it happens. The existing nursery school owner put adverts in the paper but in the end had to change the name of her business to save confusion.
Be careful if you put anything in the paper, don't say anything bad about the other company or you could find yourself on the recieving end of legal action.

A letter to all of your clients with an explination may help, as will a leaflet drop making clear on the leaflet how competent and established you are.

Very sorry to hear this has happened to you.
Very best of luck with it.

BFN.

[Dynafoam]

Dave,

Very sorry to hear of your problem. I think that once again Trevor has the answer with the newspaper announcement (which will need to be repeated).

With carefull wording you can, without actually saying so, sugest that they are deliberately cashing in on your very good, well estabised reputation. You could even add an apology to those customers of yours who have been mislead by the duplication of YOUR trading name.

People do not like con-men and  though you do not want to call them names, if that impression is left in the minds of prospective new customers it could have a positive effect on your business and cover the additional cost of you advertising.

When placing the advertising, you may be able to get the editorial department interested in the story. Even a couple of (free) colomn inches featuring an interview and posibly a comment from the local Office of Fair Trading would greatly increase the impact. It would help if the advertising rep was given the impression that editorial coverage would encourage more advertising space bought by you  

Best of luck,

John.

[Derek]

Hi

I would endorse John's suggestion to have a word with your local Trading Standards Officer...asap

Derek

[Len Gribble]

Dave

Sorry I read every word, as I’m dialectic, a bit confused with your statement from “Today”

Going to the papers you will need a lot more than one who received shoddy workman ship and in who’s opinion?  Don’t think they are interested in some being rip off by a cc for a room multiply this by X think you may have a chance.

As said it’s worth checking if they can use the same name, PROBABLY YES.

Len

[Doug Holloway]

Dave,

I would suggest it is unlikely they would be legally allowed to use your established name BUT how are you going to enforce this.

Just keep your cool and they will dissapear with minimum damage to yourself.

Best of luck,

Doug

[Cloverleaf]

I would play at their own game
with the best of intentions.

Book many jobs at numerous locations! as an enthusiastic customer.

Give them your mobile no and come up with an excuse that you forgot etc.

John

[Shaun_Ashmore]

Send more newsletters out to your clients and they won't forget you then.

Shaun

[strakercleaning]

Had similar problem once about 9 yrs back. I introduced myself to the person concerned and discussed the problem at great length, while most people were asleep
Never had problem again and back to normal within 2/3 days
May not work for all problems in all areas......... but i enjoyed and learned from it.
PS.....Newsletter idea does help with the aftermath.  

[HolmansUKLTD]

I had some splash and dash merchants going roung my area saying i had sold up and moved

Damage had to be done

Nick (The Hitman) Holman

[strakercleaning]

But Nick, I gave up and moved on

[Doug Holloway]

Hi Guys,

Sounds like the South London mafia is alive and well

Cheers,

Doug

Ex North London mafia now Essex Boy  :

[scott.]

get some business cards printed up with their number on them, advertising deviant sexual practices..and then place them in many phone boxes..i done this once, and the problem went away-strangley

[strakercleaning]

Doug,
Ex Essex boy, Ex SW London skins and now Surrey bod.

[paulchambers]

Book them and when they arrive to clean your carpets have a hand full of mates to gently get them to move on

[strakercleaning]

Paul...........A MAN AFTER MY OWN HEART  
There are a few things of mine that no one can mess with..............The van, car, wife, kids, house, business, paintball kit, reputation and my pint ( in no particular order )
I come down hard on people who do NOT stick to these simple rules

[david_h]

Perhaps worth contacting your local newspaper. Maybe they'd publish a story along the lines of "Local established business loses trade to cowboy company"...you know the sort of thing? That'd confirm to your existing customers that you are still trading and may even win you some sympathy business!!

It may be worth a post on the newsgroup "uk.legal" to see what the legal standpoint is. I feel that there is nothing you can do *unless* they are deliberately using your name to steal your customers (ie "passing off" themselves as you).

Maybe it's worth getting a distinctive logo designed and adding that to all your stationary (Company recognition) and even a memorable tagline such as "The original and still the best" just so that people can distinguish between you and this other outfit?