Stolen Business Name

[DiscoMagic]

Ok, so I am not sure where I stand on this.

When I started Disco Magic up 6 years ago. I thought long and hard about the company name for my new brand back and eventually came up with the name "Disco Magic". I liked it and obviously googled to see if any other company had simular or same name.

At the time there was none, other than a little known italian record label and so it would seem that I would be the only Disco Magic in the UK.

Having recently looked again I came across several others which have sprung up and apperently "nicked" my brand name:

http://www.angelfire.com/music4/discomagic/
www.discomagicwindsor.com
http://www.discomagicgateshead.co.uk/
http://www.discomagic4u.co.uk/
http://www.selectlocal.co.uk/search/discos_mobile/mexborough/disco_magic_(mexborough)
http://businessnetwork.co.uk/business-directory/macclesfield/disco-magic
http://directory.thesun.co.uk/webcard/4202994

So I am no unsure as to what to do? Do I have any where that I can go with this. Obviously dissapointed.

Or do you think I am making a fuss about nothing!?!?!? :confused: :confused:

[equinoxdiscos]

This is an interesting subject. I'd be interested to hear what others say.
As I understand it, unless you register your name (which costs money and might not even be approved), there is nothing you can do other than ask others to to change their names?
I would not think too much about it and market yourself differently to others. Customers should be interested in you, not your company name.

[musicologydisco]

How would it affect your business in practical terms? Probably not at all. Forget about it and focus on YOUR business!

[discomobiledj]

The disco magic windsor site is bordering on copyright.

[Pe7e]

Disco Magic Windsor claims he been operating for 10+ years which begs the question, who's nicked who's name? The good news is, nobody has registered the name Disco Magic, so for around £500 you could register it yourself, but wether or not you could retrospectivly prevent others from continuing to use it is debatable, and if you could, can you afford the legal fees x 7?

[STEVE HANLEY]

I wouldn't have thought the guy based in Gateshead was any threat to you. Unless any of these others can have a direct impact on your business. I wouldn't lose too much sleep over it;) ;)

[DiscoMagic]

How would it affect your business in practical terms? Probably not at all. Forget about it and focus on YOUR business!

It porbably wouldn't, but that is not the point! It upsets me that someone else has nicked my imagation and idea's.


The disco magic windsor site is bordering on copyright.

How so? I am no legal buff, and would be interested to know how copyright is broken. I have not registered the name???


Disco Magic Windsor claims he been operating for 10+ years which begs the question, who's nicked who's name? The good news is, nobody has registered the name Disco Magic, so for around £500 you could register it yourself, but wether or not you could retrospectivly prevent others from continuing to use it is debatable, and if you could, can you afford the legal fees x 7?

Would not be able to afford £500 + the legal fees to start with. Yes he states he has been operationg for 10 years, but if so why did he not register a website until 2010??? It is one of the first things I did!!!

[Shakermaker Promotions]

Not sure how you can say someone has upset you because they have "nicked your ideas and imagination". because it could be totally innocent?

I haven't looked at the links you posted.

I'm sure a lot of people have ideas and imagination too and maybe the two of you are just on the same wavelength?

[Retrodisco]

There are lots of business areas where many companies share the same name.

Hairdressers, chip shops, builders, etc, often there are dozens in the country with the same name, it shouldn't be an issue.

[Jonathan Ford]

Yes he states he has been operationg for 10 years, but if so why did he not register a website until 2010??? It is one of the first things I did!!!

I wouldn't read too much into that. I've been at it for 18 years, but have had a website for probably less than a year.

[Retrodisco]

I wouldn't read too much into that. I've been at it for 18 years, but have had a website for probably less than a year.

I've been at it for 18 years too, with a break in the middle, but still a long time and have used this name for a year tops.

I'd not go as far as to say the name is 'stolen' rather shared, as much as I would hate it myself, unless they are pretending to be you, there is little you can do to stop it.

[DiscoMagic]

Ok all points taken, and thanks for your comments guys :D :beer1:

Upon reflection and thinking, whilst it is something that I do find annoying, I will have to live with it!?!

:D

[Totally Plucked]

Another point to consider the words "Disco" and "Magic" are considered generic wording. It's like you can copy a Manchester united shirt and put " Manchester" on it without any copyright infringement, but the moment you copy the wording "Manchester United" then this becomes copyright infringement as its a registered name or brand. :)

[DazzyD]

The disco magic windsor site is bordering on copyright.

Can you explain this comment?

Let's look at the facts.

Can you copyright a business name?
No, a business name cannot be copyrighted and, as has been mentioned, many different businesses share the same name. A business name is not classed as "intellectual property" so you have no "intellectual property rights" over your business name.

However, if someone is using your business name and pretending to be you, then things become different. If their actions are to the detriment of your business and your business' reputation, then you need specialist advice from a business lawyer. I'm not that so I'm not going to comment on this any further.

So, how come names like McDonalds, Sony, etc are protected?
Because these names are registered trademarks (TM) and are associated with a brand logo. A registered trademark is classed as intellectual property and, therefore, your intellectual property rights are protected. But, registering a trademark is not so easy, it's not quick and it's not cheap. You can, if you wish, just file your trademark registration submission and pay your fee. However, if the IPO (see link below) finds that your trademark has already been registered by someone else, your submission will be rejected and you will lose your fee. Therefore, it is highly recommended that you thoroughly research your proposed trademark first. Better still, employ the services of a "Trademark Attorney" (http://www.itma.org.uk/), a specialist solicitor who will do all the work for you - at a price! The advantage is that they will do all the hard work for you and vastly reduce the risk of your submission being rejected.

Oh, and don't forget that registering a trademark isn't a one-off fee. Registrations have to be renewed every ten years or they will expire!

For more info, see the IPO's website:

http://www.ipo.gov.uk/types/tm.htm

[Marc J]

Ever heard of The Red Lion public house? ;)

[Solitaire Events Ltd]

Ever heard of The Red Lion public house? ;)

No. :D

[Marc J]

No. :D

:boxer2:

Google it :p

[sandysounds]

I've trademarked two companies...at a cost of approx £180 each. A check of the register and what is out there on Google will give you an idea of whether it's feasible. Both went through with no problems at all.

It is certainly well worth doing if you value your name and brand and does give you a certain amount of protection. One of our trademarks was infringed last year by someone putting a hyphen between the two words (which incidently ARE generic)... and there was no contest... we had it taken down at no cost to us.

[DazzyD]

I've trademarked two companies...at a cost of approx £180 each. A check of the register and what is out there on Google will give you an idea of whether it's feasible. Both went through with no problems at all.

It is certainly well worth doing if you value your name and brand and does give you a certain amount of protection. One of our trademarks was infringed last year by someone putting a hyphen between the two words (which incidently ARE generic)... and there was no contest... we had it taken down at no cost to us.

That's quite a cheap price as the current costs for registering a trademark direct with the IPO start at £200 (although they do generously knock £30 off if you apply online!! ;) ).

As long you do your research first (start here: http://www.ipo.gov.uk/tm/t-find/t-find-text/) then you've a good chance of success but, the IPO are very strict and get it wrong and you will lose your fee!

[sandysounds]

As long you do your research first (start here: http://www.ipo.gov.uk/tm/t-find/t-find-text/) then you've a good chance of success but, the IPO are very strict and get it wrong and you will lose your fee!

I'm not sure what you mean. Our second one didn't fly through...but they came back to us and gave us the opportunity to alter it... which we did and then it went through.

[DazzyD]

I'm not sure what you mean. Our second one didn't fly through...but they came back to us and gave us the opportunity to alter it... which we did and then it went through.

That's good to hear. I am a little surprised, though, that they did that. My source of info for registering trademarks in the UK was originally my BusinessLink advisor who gave me some literature (I think it was to do with Companies House or some similar organisation). It stated that it wasn't the job of the IPO (or whatever it was called prior to becoming IPO) to do your research for you when registering a trademark and that, if they were unable to accept your registration for whatever reason, then you would lose your fee. This is going back a few years now so things may well have changed.

At the same time, my knowledge of these matters is "second-hand" really as I have learned it through business seminars and training courses. I haven't actually registered a trademark myself. Someone like yourself, Sandy, who has first-hand experience of the process will, obviously, be better placed to comment.