Entrepreneurship & Small Business

Someone is using my company's name on their website

  • Last Updated:
  • Nov 11th, 2017 5:19 pm
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[OP]
Deal Addict
Dec 21, 2012
1941 posts
295 upvotes
Toronto, ON

Someone is using my company's name on their website

Hi,

I was wondering if anyone had this sort of occurrence before...I am incorporated in Ontario under "ABC Company Inc." and have my trading name as "ABC Company".

We recently discovered upon searching on Google for "ABC Company" there is another company popping up because they have our company name in their page title.
They have it formatted as such "xxxx xxxx xxxx | ABC Company services | xxxx xxxx"

Our company name is composed of a city name + service. For instance, "Ajax Imaging", not exactly it but to get the idea of what our company name is. We have been running for approx. 3 years or so. We emailed them kindly requesting the removal, they're communicating back and forth but it's not being done in a timely manner. To be clear, they provide the specific service as well but in a different industry.

What is my recourse? Should I trademark our company name and then send over a cease and desist?

Thanks.
7 replies
Penalty Box
Dec 27, 2013
6126 posts
2220 upvotes
Toronto
hmm, but if your operating name is registered, and they are using your operating name on their website, isn't there some sort of legal recourse?
[OP]
Deal Addict
Dec 21, 2012
1941 posts
295 upvotes
Toronto, ON
daivey wrote:
Nov 3rd, 2017 9:35 pm
hmm, but if your operating name is registered, and they are using your operating name on their website, isn't there some sort of legal recourse?
That is what I'm trying to find out since technically I'm using a city name + type of service as the company name. Trying to figure out if trademarking then sending out a cease and desist will be better.

Unfortunately my lawyer is on a trip so I cannot get in touch with him until mid next week.
Penalty Box
Dec 27, 2013
6126 posts
2220 upvotes
Toronto
AFG786 wrote:
Nov 3rd, 2017 9:48 pm
That is what I'm trying to find out since technically I'm using a city name + type of service as the company name. Trying to figure out if trademarking then sending out a cease and desist will be better.

Unfortunately my lawyer is on a trip so I cannot get in touch with him until mid next week.
oh

so like
Toronto Plumbing

I don't know if you can trade mark something like that? don't know the rules. anyway interested to know the answer.
[OP]
Deal Addict
Dec 21, 2012
1941 posts
295 upvotes
Toronto, ON
daivey wrote:
Nov 3rd, 2017 11:02 pm
oh

so like
Toronto Plumbing

I don't know if you can trade mark something like that? don't know the rules. anyway interested to know the answer.
That's right. Our direct competitors do not use "city + service" in the exact order but instead flip them around ("service city") or use "service in city". This specific individual is in a different industry. To be frank they are a law firm...but removing "city+service" will do nothing to them since ranking under that term will do nothing for them. It's irrelevant to their business, no idea why they even have it in their page title to begin with...

The only issue is the confusion it is creating since it is ranking right under our site and above our linkedin/yellow pages/etc./etc. At the end of the day, it is our brand name.

Hoping someone can assist! :)
Sr. Member
Jan 19, 2008
739 posts
238 upvotes
Etobicoke
Why so cloak and dagger...name your company name and the other one, and we will see if there is an issue?
Deal Addict
Aug 28, 2007
1806 posts
223 upvotes
Calgary
You say you are in a different industry. If you are "Toronto Fast Delivery" in the pizza business and they are "Toronto Fast Delivery" in the shipping business, I would guess the extra website exposure helps both of you.

You may want to consider just ignoring it. Instead of paying lawyers and wasting your mental energy, put your efforts and money into improving your business service and making sales. I'm sure your customers would soon realize they don't get any pizza when they phone his number.
Deal Addict
Apr 2, 2008
1061 posts
170 upvotes
xxxray wrote:
Nov 3rd, 2017 11:31 pm
Why so cloak and dagger...name your company name and the other one, and we will see if there is an issue?
This...
Name your company so that we could search online reviews and Downvote if we don't like you.

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