Someone using similar name. Can you sue? UK courts use 3-part test. 60% of cases fail on part 2.
Someone's using a name similar to yours. Can you sue? UK courts use a 3-part test to determine infringement, and 60% of cases fail on part 2. Here's what you need before sending legal threats.
Your mark must be registered or have common law rights. No protection = no case.
Would average consumer confuse the two? Same industry, similar appearance, phonetic similarity all factor in.
Misdirected calls, customer testimonials, survey data. Document everything before filing.
They must be actually trading under the name. Registered but unused = no infringement.
Prior use, different industry, geographic separation, purely descriptive use.
Cease and desist letter (£500-1,500). Most cases settle here. Litigation costs £30,000-100,000.
Warning: Groundless threats of infringement are illegal in UK. Sue without valid case and you face counter-claims for business damage.
If you want legal protection and a name competitors can't copy, make it distinctive from day one. Generic names have zero infringement protection.