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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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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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