Legal Advice Needed

[psyber85]

Hi guys,

Not sure if this is the correct place to post this. (Admin, please assist to move thread to correct forum if so)

My company xxxx is a registered company in Singapore since 2009 doing video production, and has presence on Facebook, Youtube and also a website.

Lately, I discovered that someone has a video production company called "Big xxxx", which has presence on Facebook Youtube and a website, and is based in SG as well.

This is a direct challenge to my company name and branding, and I've heard some of my clients being confused between my company and his.

I went to investigate on ACRA and discovered Big xxxx is not a registered company. I later found out that ACRA automatically disallows registration of names that are too similar. This means Big xxxx will be impossible to be registered.

I would like to ask if anyone has any idea how do I go about getting Big xxxx to cease using the name immediately and change to something else.

I do not want to use the soft approach of engaging him, but would like to take him down straight.

I cannot tolerate my company name, which I have painstakingly built up over the past 6 years being mistaken and potentially have its reputation smeared intentionally or unintentionally because of this.

Is anyone able to offer any advice please?

Thanks in advance...

 

[edwinttt1978]

Hi guys,

Not sure if this is the correct place to post this. (Admin, please assist to move thread to correct forum if so)

My company xxxx is a registered company in Singapore since 2009 doing video production, and has presence on Facebook, Youtube and also a website.

Lately, I discovered that someone has a video production company called "Big xxxx", which has presence on Facebook Youtube and a website, and is based in SG as well.

This is a direct challenge to my company name and branding, and I've heard some of my clients being confused between my company and his.

I went to investigate on ACRA and discovered Big xxxx is not a registered company. I later found out that ACRA automatically disallows registration of names that are too similar. This means Big xxxx will be impossible to be registered.

I would like to ask if anyone has any idea how do I go about getting Big xxxx to cease using the name immediately and change to something else.

I do not want to use the soft approach of engaging him, but would like to take him down straight.

I cannot tolerate my company name, which I have painstakingly built up over the past 6 years being mistaken and potentially have its reputation smeared intentionally or unintentionally because of this.

Is anyone able to offer any advice please?

Thanks in advance...

Some questions to consider as general educational advice:
1) If xxxx a registered trademark? If so, consider the next questions; if not, infringement of trademark is not an issue.
2) Is there a likelihood of confusion by the public?
3) Are there aural, conceptual and visual similarities in xxxx and Big xxxx?
4) Do the goods have similarities?

Doctor’s Associates Inc (SUBWAY) v Lim Eng Wah (trading as SUBWAY NICHE)
[2012] SGHC 84 demonstrated that use of SUBWAY NICHE is not an infringement of SUBWAY.

 

[Roger_Daniels]

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