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Passing Off


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Posted by Violet Barrow on April 14, 2002 at 05:33:55:

I aquired the goodwill of a business selling school and scout wear as well as sports equipment from a retiring couple on the sale of their shop. The building was sold to someone else.

I moved the business into smaller premises along same parade about 100 yards away and changed name slightly to from say Avonports instead of Avonsport.

The new business has been up and running for 3 months.

The owners of the property have just put up signage saying they are Avonsport and will be selling school scout and sports. He is approaching my suppliers and schools as reopening Avonsport.

After two phone conversations with the new owner he protests that he is not passing off as the old company and just opening up a business and he liked the name. He admitted that he did not aquire the goodwill of the previous company. He is not prepared to compromise on anything - can I prevent him opening and what rights do I have against him? I am a UK company.

HELP HELP HELP


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