Really Upset... New salon using my name!

[Lynne Baker]

I guess most of use are too trusting!!!!

It's got nothing to do with trust!
It's got everything to do with taking proper, professional advice when you're starting up in business. Business Link can help with issues like this and many other aspects too.
Sure, it would be a nice thing to do to ask someone's permission to use "their" name, but it's actually not "their" name. Not really.
One thing to remember is that really, the only person who cares about their business name is the business owner. Your clients care about the therapist, the treatments, the ambience, the quality.

 

[Mrs.Clooney]

I remember sometime in business study (this was over 10 years ago) about sending a letter headed letter to yourself and never opening that letter is prove because it's stamped with a date,,,,,,make sure it has your company name on the envolope,,, it's the best prove to say that you have been using the name first.

Actually, this means nothing in a court of law.

So business minded,,,,,,, I set up 6 months ago,,,, I'll see which salon's in my area is registered and I'll take there name and register it and the only reason your doing that is for there reputation,,, any respectable person wouldn't do this!!!!!!
I guess most of use are too trusting!!!!

It has got nothing to do with being trusting. We live in a 'Dog eat dog world'. It is about being sensible and taking necessary precautions which can often be learned the hard way for many people.

Companies house won't protect you from Trademark infringement. You can set up a Ltd. company and trade under any name you want.

The only clear way is to trademark AND if another company has already been trading under that name before you trademark (especially if it's been for some years) you may also be prevented from stopping them using the name anyway.

Companies House may not protect you... that is not their job. But at least you have a registration with them which can be traced and utilized in the event of a court case.

As frustrating as it is, the original poster really does not have a leg to stand on and should try to move forward from this.

It's got nothing to do with trust!
It's got everything to do with taking proper, professional advice when you're starting up in business. Business Link can help with issues like this and many other aspects too.
Sure, it would be a nice thing to do to ask someone's permission to use "their" name, but it's actually not "their" name. Not really.
One thing to remember is that really, the only person who cares about their business name is the business owner. Your clients care about the therapist, the treatments, the ambience, the quality.

Yes, well said Lynne. And to add, time and time again, I have seen peeps here be taken for a ride, because they trusted somebody. In business, it simply does not work in the very majority of cases.

I shall leave it here now. Sincerely, best wishes to nickij, move forward and show what a fab therapist you are. It is not about the name, but about the quality of services you offer.

I think Urban Geeks advice was great too. Keep your name but add something to the end. Good luck!

 

[jes]

Wow there seems to be a lot of unnecessary arguing going on

I all reality, even it the OP had registered her business name of "Eden Beauty & Wellbeing" it wouldn't stop another company using and registering "Eden Hair & Beauty" because it's a different name!

In all honesty I don't think it will affect her business, especially as they are 8 miles apart as well.

jes

 

[sachi]

Thank you for stating this thread. I know know what I have to do when I start my Own! Good luck to you! And I think a name change is a good Idea Call is *Beauty by Kezza* Or Just *Kezza* (I know not your real name, but I love it!)

 

[Bettierae]

Posted via Mobile Devicea salon opened in the next village to me, called serenity also. Now every time they do a leaflet drop in our village, i get a load of walkins! I try and match the offers they advertise if the clients walked in my salon asking for their advertised offer. I explain to them they have the wrong but right place lol and book them in. Suits me! You really have to find a bright side when things like this happen x x

 

[tog]

Posted via Mobile Devicea salon opened in the next village to me, called serenity also. Now every time they do a leaflet drop in our village, i get a load of walkins! I try and match the offers they advertise if the clients walked in my salon asking for their advertised offer. I explain to them they have the wrong but right place lol and book them in. Suits me! You really have to find a bright side when things like this happen x x

FANTASTIC!
What a great twist to the situation . . so every cloud CAN have a silver lining then. What a positive note to end on, free publicity for your salon -good for you!

 

[nickij]

Posted via Mobile Devicea salon opened in the next village to me, called serenity also. Now every time they do a leaflet drop in our village, i get a load of walkins! I try and match the offers they advertise if the clients walked in my salon asking for their advertised offer. I explain to them they have the wrong but right place lol and book them in. Suits me! You really have to find a bright side when things like this happen x x

this is the exact thing that i am worried about happening to me tho, i do advertise and try to promote myself as much as possible because where i am located in this hotel i don't have an obvious presence i.e shop front on high street... where as this new salon does... so new people who havent been to me before may associate them with me and my adverts.

i decided i will not pursue this name "stealing" problem any further and will make a clean break from it with a relaunch and a new name... my beauty suite is getting a refurbishment this spring along with the rest of the hotel anyway so i'm gunna make the most of it.
just praying that once i change my name that this never happens again, not even sure if i should bother registering the new name either as some of you geeks have said that just by adding/changing a word it can be classed as a different name anyway.

:hug:bthanks everybody for your kind and constructive comments, its great to have some business minded, experienced and empathic people to bounce my thoughts off.

xo

PS: i'm not even upset anymore, they can have the stupid name, to too laidback to let things like this pull me down. hehe

 

[kimi1101]

everything happens for a reason! you've learnt something from this situation I'm sure. Good luck x

 

[jo-from-moorspa]

We had a company passing off as us and we had to take action. It doesn't matter if you are registered and trade marked as we are, you still have to stop the other person by using the courts. This costs money (lots of money) and time.
Personlly, I have to agree with Kimi's first assessment.

 

[Velveteen]

The only clear way is to trademark AND if another company has already been trading under that name before you trademark (especially if it's been for some years) you may also be prevented from stopping them using the name anyway.

Yep, that's pretty much it.

The point is moot now that you've decided to choose another name but if you have been trading before this business you would've had a leg to stand on and a trademark would've have likely sorted the issue, even if the name of the other business is a variation of yours as this can also be seen as an infringement.

I wish you well with your relaunch and hopefully this incident has taught you the importance of protecting your intellectual property.

 

[chicchick]

Hi,
I just did a check on companies house and there are half a dozen similar named companies (most now dissolved)
WebCHeck - Select Search Results

I think the way to go is through a rebrand and perhaps form a limited company with your new name.
If you've got a website (or creating a new one), simultaneously check out availability of domain names that could suit your rebrand, and register those at the same time time.

And rebrand means just that; create a strong distinctive identity for your business and ditch the "eden" as it could well be that someone else comes along in a minute with yet another variation on the wording, and then that'll be your rivals' problem, not yours!

When I finally settled on the name for my business, I did the check at companies house (great), domain names (great), then set all that in train, only to later find there was a salon with our name in another town (obviously not a limited company and no website), and now there's a salon in my town rebranding with a similar name to ours. I really don't think it is always a deliberately vindictive decision, sometimes people just don't do the checks in the right places. I can't understand why a local business would try and set up now with a name similar to ours because quite frankly, we are already streets ahead with our brand and marketing machine and they will have a difficulty distinguishing themselves from us - it will kind of be obvious that they haven't really thought about the DISADVANTAGES for their own business by choosing the name they have.

So my advice would be to seriously consider this rebrand idea and then double and triple check out the name you choose by googling, by checking company names at Companies House, and searching web domain names. When you're happy with all that, turn the rebrand into a story and do a new marketing drive with a good story as to how you've evolved into a better and stronger business looking to the future.

Hope that helps!