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    • My 2009 Kia Ceeds ignition broke without any warning. This happened around 2005. Luckily it was still under warranty.   It can happen any time although they should have contacted you to let you know. £350 sounds steep. 
    • Ok defence submitted. Mortimer have sent a letter back ackn my CPR request.   Weirdly Cabot got back to me ackn my CCA but have referenced the other claim for the current account instead. Didn't think you could CCA a current account claim? Fleecers must be getting their wires crossed 😂    I'll sit back and wait and keep on reading up!   As ever thank you kindly to Andy and Dx.
    • Jeff believes, like fish, chips and mushy peas, they are an integral part of this country's DNA. While Rachel argues that her 'free' account is being paid for by someone else. View the full article
    • https://www.dailymail.co.uk/news/article-8900129/Boris-Johnson-facing-Tory-revolt-new-lockdown-Furious-MPs-lead-backlash.html
    • I'm very sorry but this is very scant information and it certainly doesn't lay out the story in the way that I asked. Also there is absolutely no reason why you shouldn't identify the courier. as long as you are straight dealing and honest then it is better to bring things out in the open. we don't play secret squirrel here or get into any skulduggery. we are very pleased to help you and support you but you will have to lay things out in the open so can we can fully understand and provide us with the information that we have asked for  
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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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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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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