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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   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? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   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 HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
    • sorry busy day attached is a large file re clear agreement/ T&C's   is that obscured signature typed or your real sig? Exhibit__Cabot_Vs_Roland.pdf
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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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