Use of Trade Marks and domain names similar to established businesses


You may have to pay compensation to the other business, re-name and re-brand all of your internet marketing and social media.

Author: Dennis Chapman
Reading time: 1 minute

This article is 8 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

We are seeing more and more complaints against clients who register domain names that the public are likely to believe have a connection with an already existing established business. 

The fact is you simply cannot do it.  Clients could be sued for “passing off” even if the name is not exactly the same as the other, established business.  Additionally, there could be offences under the Trade Marks Act for any similarity with logos or website design.

The upshot of it all is that you may have to pay compensation to the other business, re-name and re-brand all of your internet marketing and social media as well as transfer ownership of your domain name to that other business.  It could be a costly mistake.

If you are not sure ask us for an opinion beforehand but erring on the side of caution is always advisable.

Dennis Chapman

In remembrance of Dennis Chapman 1951 -2015

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.