Ask a GoForth Expert
- I just found out another company is using our business name - how do I get them to stop?
Claudius du PlooyBusiness Law
Assuming the business that's using your exact name is also based in your province, you have a legitimate concern. Businesses are required to register their business name to prevent the general public from being confused about the identity and reputation of the businesses they do business with.
Make sure that the other company is using your business name exactly - John Smith's Plumbing could likely coexist with John Smith's Heating.
Have a lawyer draft a letter to the other business asking them to "cease and desist" the use of your business name - a lawyer's letterhead carries a little more weight than a phone call from you. Alternatively, you could consider changing your business name and selling the other business the right to use your name legitimately.
About Claudius du Plooy
Claudius du Plooy, BComm, LLB, LLM is Founder of Claudius du Plooy Law Firm, a practice focussed on business law (corporate commercial law), securities law, commercial real estate development, entertainment law and international trade law. Claudius is passionate about SMEs.