I have recently started a small home hobby business selling restored furniture, and registered a business name which is xx Adelaide
Now, an interstate seller with the business name xx has contacted me, saying that I should not have this name as they have been in business for many years, and threatening "just curious as to why you would name your business the same, so many other options to be original! we have been in business since 2010 and whilst opening an instagram and facebook account with the same name is possible there are laws around business name registering".
Anyone that has tried to find a unique Instagram name would understand that it isn't easy finding a new totally original business name as the majority have now been taken, and I don't feel that I should have to change my business name but would love to hear what others think
Business / Instagram Name - should I have to change it?
Last edited 29/04/2021 - 17:27
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I wouldn't automatically ignore it, in Australia the next move might not come from a lawyer but the ACCC in the form of a complaint about a misleading or deceptive conduct and they may push for damages.
Unlikely in such a small case but it might create legal fees for OP if they decide to be vindictive about it.
Will only get real if they start sending you cease and desist letters from their lawyer.
If it seems as though you're leveraging their name for greater presence/commercial gain then you may be in a bit of a pickle, unless their business is a totally generic name.
Unfortunately a defence of oh, i didn't know won't cut it. If their business pre-dates yours then unfortunately they own the rights to the name. If this spreads to Instagram/social media the laws are a bit harder to enforce, but they could go through Instagram/Facebook themselves to shut you down, but at the end of the day it's at their discretion.
Like if i were to name and register my business as JB-Hifi Adelaide. Then i could/would be sued or shut down.
However there was an interesting case in America where Polo Ralph Lauren Rip-offs, Beverley Hills Polo Club actually ended up being rather well known brands that made semi-decent clothing.
Ugh, wouldn't you want to change the name? Not an easy one to Google or lookup, seems tacky with the xx (and not far off xxx), and doesn't tell the customer anything about your business.
Hahaha not sure if you’re serious, but pretty sure xx is their way of redacting the business name
Can't be too certain on these forums 😂
That's not the actual business name - I just used that as an example.
The actual business name is Mod: Requested by OP - I have registered the business name Mod: Requested by OP Adelaide
Has the other party actually registered the same business name? I assume not, otherwise you wouldn’t have been able to register when you got your ABN?
They have registered the name xxx (as an example) - I have registered the name xxx Adelaide. (note not the actual business name lol)
To be honest, I didn't think that it would be an issue, especially as I was able to register the name. Having said that, I was happy to change it as we are new and haven't got a huge following yet had they been nice about it - but unfortunately they weren't.
I believed that as they are interstate and I am only servicing the Adelaide market that it wouldn't be a problem.
@wedgwood62: Ask them why they stole the name of Retro Rehab UK. And offer to sell them your business name/accounts ;)
I'm sure they won't want to battle a Battle? ;)
I am in NSW and my business is only registered here, for 28 years, home improvement business, a scum bag in Perth stole my name and just put WA on the end, same type of business. What annoys me is he couldn’t come up with his own idea lol.
Have had a few calls and emails over the years usually complaints from customers.
It happened as I gave a guy here a job then he moved to Perth and had a mate who started up the same business, from what I can gather. Have given him a earful.
You should get a Trademark. Then file a cease and desist letter.
Why don't you just come up with your own unique name? The original 'Retro Rehab' was registered in 2010 whereas yours is registered in 2021. Also didn't you get a warning when registering on ASIC in regards to the name being too similar to Retro Rehab? Just use a business name generator. Don't leech off them.
Totally understand, but no, I didn't get a warning when registering the name with ASIC - if I had, this now wouldn't be an issue.
Will be changing the name and will be extremely stringent in ensuring that the new name is nothing like anyone else's (if that's possible)
Thanks everyone - I think it is just easier for everyone for me to change the name….. It was an innocent oversight on my part, and I just have to suck it up!
Now, to find a new name…..12 synonyms, antonyms, idiomatic expressions, and related words for retro, like: ex post facto, retroactive, kitsch, classic, glam, funky, chic, spankees, vintage, classy and space-age.
Spankees?
Copy and pasted 🤷♂️
But could expand existing clientele 😉
Mark's Markdown Market?
Wait, nope
How about xx Adelaide
Don't stress over the name. Nobody is going to make a decision to shop with you because you have a creative name. There's nothing appealing about McDonald's, Apple, or Microsoft as business names - they're just random words.
The only thing that matters is how you operate. Create a good product, nail your marketing, build the brand, and you'll find success even if your name is "Mr Shitkicker's Furniture".
Ignore until you get a letter from a lawyer.
Ignore. Only act if you receive a letter from their lawyer.