Trade Marks

[Cpt Morgan]

Please note the word Hedge is used for illustrative purposes only.

A builder I used, utilised a symbol (lets say for example a green hedge picture) to identify his business, and that he has it on all of his advertising, including his shop front, vehicles, websites, staff uniforms etc. Each time he dissolves one of his companies, when he gets into significant debt, he continues to use the same business logo (i.e the green hedge), for his next business, simply implying he is still the same business, even using some of the same identifying words, same first word (presumably his preferred "trading as" name) with even the same font in the business title.

So for example let's say;

(a) he was known as "Hidge" generically, and drives vehicles with "Hidge" and the green hedge symbol on them
(b) other vehicles owned by the company have "Hidge Projects" on them, again with the green hedge symbol
(c) his shop front says "Hidge Projects", again with the same green logo
(d) his payment schedules say "Hidge Projects", again same green logo
(e) his staff wear jackets etc with "Hidge Projects" on them, you guessed it ,displaying the same green logo
(f) the same continues with websites and associated online media, and web pages etc etc.

Then Hidge Projects "Ltd"!!!, goes into liquidation,

So they change the shop front to now say "Hidge", but leave all other associated material still referring to "Hidge Projects" and or "Hedge Projects Ltd", and set up under a new name called "Hidge Construction Ltd", yet still continue to use the same green "Hidge" logo, and do nothing to change any of the other associated "Hidge Projects/Ltd" references, but instead simply include links in them to "Hidge Projects Ltd". Then to make matters even worse, they then also start to refer to themselves within the same websites etc as a new name as well as the others mentioned, this time "Hidge Group Ltd", and despite this being a company already owned by someone else !! Also within their face book content page "about info", they still refer to themselves as Hidge Projects Ltd (clearly now in liquidation), with cross references to "Hidge Construction Ltd", as well as "Hidge Group Ltd", "Hidge" and "Hidge Projects", whilst still generically using "Hidge" and the same green logo through out.

It's terribly confusing and i am sure this can't be legal, but would appreciate some assistance.

It seems like a obvious attempt to confuse a trail of deceit following company wind ups, as the associated business has left behind a variety of failures owing £100's of thousands of pounds.

My concern is that visually, they still seem to be associating themselves with the same green logo (the hedge), and ultimately the same first word "Hedge" (even colour and font are the same) of their old businesses, and just continue to effectively play on words, and words associated with dissolved businesses, so that they can still be seen to be the same business to avoid loosing face.

Please note I appreciate 'trading as' names are allowed, but not if they are to similar to a previously used names, which in this situation seems to be the case, and if a company is 'trading as' another name, this needs to be made clear in company documentation, invoices etc i.e ABC Ltd trading as Alphabetics which it hasn't. Also I appreciate the use of sensitive words(i.e Ltd) is also not allowed in a "trading as"name if indeed this is what they are trying to imply, and it would seem they have "over looked" this as well, or have they. I suspect foul play, deceit and a breach of director fiduciary responsibilities but I could be wrong.

Please note, I am also aware of the Business Names Act 1985 and the associations within the CA 2006, but any other pointers would be useful, and in particular re the continued use of the "green hedge" logo, and the word "Hidge" etc.

I can't find the logo anywhere registered on the legitimate registration page, so don't think it is actually owned by the company and or directors.

I look forward to hearing from you.

[atticus]

you might want to look at sections 216 and 217 Insolvency Act 1986.

[Cpt Morgan]

you might want to look at sections 216 and 217 Insolvency Act 1986.

Thank you, I am am aware the Insolvency Services have written to the company under S216, but I am not sure of the outcome indeed whether they are obliged to advise me what they concluded. I have noticed that some website changes have already been made by the company, which would suggest they are aware they have breached S216. If that is the case, would I be within my rights to refer to S217, and align associated company debts to the director. Part fo my claim against them is for lifting/piercing the corporate veil, and this would seem to be yet another opportunity for me to pass the debt to the director personally.

It is odd, but when I asked him for his insurance details he provided details for "Hidge Projects Ltd", and said I couldn't go after him personally because "Hidge Projects Ltd" is a limited company, and was now in liquidation and that he was protected (i.e. he and the company are separate legal entities), but in court papers he has insisted that my business with him was with "Hidge Construction Ltd", causing yet more confusion.

To be honest i initially thought I was doing business with "Hidge Projects" as a sole trader, because all paper work implied just that, so under that pre-conception he would be personally liable anyway, but as there was no written contract, he has directed the courts to suggest the contract was with Hidge Construction Ltd. Indeed payments were to "Hidge Construct", so no reference to this being Ltd either, but the obvious web of lies does seem to align nicely with S217.