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    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
    • said that many times already.   time to move on me thinks   dx
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incrediblesulk

How can I check a Copyright symbol is real?

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A friend has chosen a business name which someone else claims copyright on:

Name Of Business©

 

How can I check if they have the copyright or have just added the © symbol? I Googled it and found a Gov site but that only lets you check TM's.

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Copyright protection does not extend to titles, names, slogans or short phrases, the Copyright Office has made that much very clear. You can not copyright your name, the title of your post or any short phrase that you use to identify a work.

They need to TM it.

However art work used as part of it can be copyrighted like the art work on Starbucks coffee shops.

Ao if I opened a coffee shop caled Starbucks with a similar piece of artwork it would be trade mark infringment but a possibility of copyright on the artwork.

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There is no copyright in names or titles. As you have been advised above, you would have to register it as a trademark.

 

It would help if you told us a bit more about the two businesses. Also, which name has come first. If the businesses are operating in a similar field then there could be a question of "passing off" which is where one business compete unfairly by trading on the back of goodwill which has been earned by a another business.

 

As a straight answer to your question, there is no magic in the © symbol. In any event you can't register copyright works. They simply come into being as soon as they are created. Once again, there is no copyright in mere names or titles.


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Thanks.

There is an existing business called (for example) Help With Reading©, my friend has asked me to make him a website for his new business has the same name.

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Do the two companies do a similar service? Or are their distinct differences?

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If the two companies provide similar services, and your friend chooses a similar name, they are at risk of the other firm suing for "passing off", as others have noted.

They could sue for both damages, for their losses including any damage to their reputation, and an injunction preventing your friend continuing the passing off.

 

As others have said, the copyright only applies to e.g. artwork, not company names. The name could be trademarked (but absence of a trademark won't prevent an action for 'passing off', it would just be much easier for the other business to win in court if they had evidence of a trademark!)

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Beware of passing off then.

If your just doing the website and have nothing else to do with the business then I would strongly advise your friend to choose a different name.

 

What is the nature of the business, maybe we can throw son name ideas around for you to consider

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You can do a search to see whether there is a registered trademark here: https://www.gov.uk/search-for-trademark

 

As others have advised, even if nothing is registered, the friend could still be sued for passing off, see: https://en.wikipedia.org/wiki/Passing_off


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If your friend has an established history of trading under this name and has already acquired a certain amount of goodwill then maybe your question is worth investigating – in which case we would need to know more about his business and the other persons business.

 

If on the other hand his business is pretty new and the other business is established, then quite frankly the best thing to do is to get a new name for a peaceful life.

 

People can get very possessive about the names of their businesses – even if they haven't been trading get – maybe your friend is experiencing this as well. Passing off disputes can be bloody and can cause needless stress and expense and you never know if somebody decided to litigate over it and they one you will then be in a position where you might have to pay damages and certainly you would have to start from zero with a new name, changing the website and getting your name known by Google again.

 

It's really not worth the candle.

 

Best to get another name and then just concentrate on developing the business and making money.


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