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Dobielove



Joined: 27 Jul 2015
Posts: 2

PostPosted: Tue Sep 05, 2017 10:02 am    Post subject: Name copied Reply with quote

Has anyone had an experience where their property name has been copied and used for a nearby property? Our holiday let's name is VERY very unusual and yet a property 16 miles away has set up recently which is also a one bedroom cottage! This is obviously using our name to get bookings as we have been set up for 12 years. On their review page it even says that a guest of theirs googled the name and it sent them miles away! Is this legal??? Any advice greatly appreciated thanks
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AndrewH



Joined: 12 Sep 2013
Posts: 1204
Location: Kefalonia, Greece

PostPosted: Tue Sep 05, 2017 11:05 am    Post subject: Reply with quote

If you are in the UK, this is a civil wrong (a 'tort') called "Passing Off".
It looks like your case is a prime textbook example. A warning letter from a solicitor coupled with a threat of civil proceedings might well do the trick.
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Dobielove



Joined: 27 Jul 2015
Posts: 2

PostPosted: Tue Sep 05, 2017 11:11 am    Post subject: Reply with quote

Many thanks Andrew, I will look into this further.
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JanB



Joined: 17 Aug 2012
Posts: 506
Location: Near Bath

PostPosted: Tue Sep 05, 2017 12:31 pm    Post subject: Reply with quote

This is so disappointing when you have worked hard to build a business. Equally, it opens up potential problems if guests at the doppelganger property have cause to complain and accidentally leave a review for your property.

I agree with AndrewH, contact them. If you prefer not to use a solicitor in the first instance, I would try emailing or writing to them direct.

Some time ago, I had a situation where a newly listed holiday property owner lifted the entire text from my website to theirs and also used it on all the listing sites. A letter pointing out the illegality of this and the fact I preferred not to go the legal route, but would if I had to, seemed to give them pause for thought.

Good luck and I really do feel for you.
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Bassman



Joined: 05 Oct 2010
Posts: 720
Location: Charente Maritime

PostPosted: Tue Sep 05, 2017 1:13 pm    Post subject: Reply with quote

I would make an enquiry there to see what extent they are copying you!
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AndrewH



Joined: 12 Sep 2013
Posts: 1204
Location: Kefalonia, Greece

PostPosted: Tue Sep 05, 2017 3:22 pm    Post subject: Reply with quote

Bassman wrote:
I would make an enquiry there to see what extent they are copying you!

Yes, do that first and keep the written evidence.
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Jenster



Joined: 08 Mar 2016
Posts: 396
Location: Cornwall

PostPosted: Wed Sep 06, 2017 6:55 am    Post subject: Reply with quote

JanB wrote:
This is so disappointing when you have worked hard to build a business. Equally, it opens up potential problems if guests at the doppelganger property have cause to complain and accidentally leave a review for your property.

I agree with AndrewH, contact them. If you prefer not to use a solicitor in the first instance, I would try emailing or writing to them direct.

Some time ago, I had a situation where a newly listed holiday property owner lifted the entire text from my website to theirs and also used it on all the listing sites. A letter pointing out the illegality of this and the fact I preferred not to go the legal route, but would if I had to, seemed to give them pause for thought.

Good luck and I really do feel for you.


Yes I have had this too, at least twice that I know of to a greater or lesser extent. Really don't understand why anyone would do this!
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newtimber



Joined: 24 Nov 2012
Posts: 1516
Location: Brighton

PostPosted: Wed Sep 06, 2017 10:23 am    Post subject: Reply with quote

I really cannot see anyone deliberately doing this - is the name the official name of their cottage that's been registered and approved by the council?
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Joanna



Joined: 23 Aug 2007
Posts: 841
Location: Chester, North West England & Sidmouth, East Devon

PostPosted: Wed Sep 06, 2017 12:48 pm    Post subject: Reply with quote

Agree with all the above.

We also had someone use the same name as ours for a cottage in the same county. So far we haven't taken any action - we've been using the name for 13 years and we own the domain name and some of the variations of it. The new place is one of a group of cottages that have a collective name that they use for their advertising. It's smaller than ours and country location rather than city so aiming at a slightly different market.

We did get someone wanting to book who'd had a phone conversation with the owner/agent for the other place. They'd been told to book through the website so they told their OH to google it and he found our cottage. There was some confusion when they were referring to a phone call I'd never had. I nearly managed to sell them a short break in our place but the other cottage was cheaper (because it was smaller and not city centre). So using the same name is likely to cause them as many problems as you, if not more, if your marketing is more established.

BTW do you own the domain name for your cottage and common variations of it so that no one else can register them?
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Jo

Joint owner of Baker's Cottage in Chester & Chandler's Cottage in Sidmouth
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