Copycat cottage name!

Agencies and other headaches, keys and cleaners, running costs and contracts...in short, all the things we spend so much of our time doing behind the scenes.<br>
polkadot
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Copycat cottage name!

Post by polkadot »

I own a cottage I've let out for 10 years. Another cottage has opened this year and they've given it the same name as mine! It is causing confusion for potential guests who see it being advertised on a holiday site then Google it and find mine which has a website, on Google maps etc, which I manage without a holiday company site.
Then for all I know they go back to the website and book it thinking they are booking mine. This has happened in one case I know of because someone wrote to tell me he'd booked it and I told him I don't operate through a holiday company site, only my own.This is what alerted me to the problem.

The other cottage is next door to mine, adding even more to the confusion. They are in a row of 7 called eg:Albion Cottages and mine has been known as Albion Cottage for well over 10 years. It can't be right for someone to do this riding on the back of my success and hard work it's taken to create my business. I dread someone having a bad experience in their cottage then writing a bad review on mine thinking mine is theirs!

Has anyone any experience or can anyone offer any advise please.
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Nemo
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Post by Nemo »

I would take legal advice immediately. Do you have any with an insurance of some sort? A free legal helpline would be enough for starters. I'm sure as you have an established name that you can ask your neighbours to cease and desist or suchlike. Also explore the option of registering the name as a trademark? There's nothing to stop them doing what they have but one would hope you can get them to be reasonable, unless they genuinely have set out to steal your business.

PS did you mean to add a poll to your thread? It's got nothing to do with your question!
newtimber
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Post by newtimber »

I don't think anyone would deliberately name their property the same as yours - all their guests would end up going to the wrong place and vice-versa. And as you have found out, their guests find your website so could book with you instead! Have you spoken to them?

You haven't said how close it is to yours. If it's not going to cause mail delivery problems, and they have gone through the correct procedures for naming their property, I don't think you can do anything about it.
polkadot
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Post by polkadot »

It's next door so even when people do a google map search they'll see the name in the right location! They are also undercutting me, don't know if that's deliberate or not but they aren't doing themselves a favour. Theirs is slightly smaller than mine but people won't know that until they get here.
I have been told through my insurance its a criminal offence and I should tell them to change their name.
bessie
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Post by bessie »

Hopefully a friendly chat will sort the problem.
I had to choose a name for mine as the 6 cottages are known as White Row cottages and one has named their cottage just that so it had to be totally different.
It is upsetting as you would expect them to have known about your cottage.
polkadot
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Post by polkadot »

Thanks, you have a similar situation and acted properly by calling yours something different! it is upsetting as they do know about mine. They've owned theirs about the same length of time letting it out as a permanent rental, only now changing to a holiday rental.
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PW in Polemi
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Post by PW in Polemi »

Did the legal dept of your insurance company tell you it was a criminal offence, or was it just a helpful (and possibly not entirely accurate) insurance broker? If it was not the legal dept, you should (as Nemo suggests) get legal advice, especially checking the wording of any correspondence.

I presume this other cottage had a name (or number) before it became a FHL? Assuming it did and was different to yours, you could write (after checking with your legal dept) to the owner along the lines of:

Dear ....
Whilst we are flattered that you think so highly of our cottage that you have renamed yours identically, it can only cause confusion to postmen and potential guests to have two cottages side by side with the same name.

Our cottage has been called "Albion Cottage" in excess of 10 years. As you have only recently renamed yours, it behoves you to chose another name not already in use in the neighbourhood; perhaps something like Lavender Cottage or Cosy Cott would be more appropriate.

If the renaming does not take place within XX days, then although we would prefer to settle this amicably, we regret further action will have to be taken.

Yours etc


Hope you get this sorted out quickly.
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newtimber
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Post by newtimber »

polkadot wrote:Thanks, you have a similar situation and acted properly by calling yours something different! it is upsetting as they do know about mine. They've owned theirs about the same length of time letting it out as a permanent rental, only now changing to a holiday rental.
What was the name of their property before it became a holiday let? So long as they use the official name, there is going to be little you can do. If for example their place is named as 5 Albion Cottages, that's the official address and cannot be altered - if a property has a number, then you can add a property name to it but not replace it. (ie you could call it Olive Cottage, 5 Albion Cottages but the row of property names cannot go 4 Albion Cottages, Olive Cottage, 6 Albion Cottages as this causes problems with emergency services finding places)
You say your property has been known as Albion Cottage for over 10 years - is that its official address as far as the authorities are concerned?
bessie
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Post by bessie »

+1 newtimber
The row of cottages that mine is one of is called white row cottages each cottage has a number so my postal address is 4 white row cottages.
Using the number was the only identification, so that's why I totally changed the name but as for legal address for post etc it's 4 white row cottages.
I am unsure of legal rules but I simply put the name plate up on the front and use that name for my holiday let but any post,legal papers or billing goes to 4 white row cottages.
All I can say is each of us clearly has a number on the door ,difficult situation but if that's the name of the row of cottages ,its a case of working together to make sure each cottage is clearly identified.
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Post by Sam V »

We have a detached cottage/annex next to our house which was registered as 'The Bungalow'. To change its name to reflect its original purpose 'Gardener's Cottage' I had to apply to our local council at a fee.
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newtimber
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Post by newtimber »

bessie wrote: Using the number was the only identification, so that's why I totally changed the name but as for legal address for post etc it's 4 white row cottages.
I am unsure of legal rules but I simply put the name plate up on the front and use that name for my holiday let but any post,legal papers or billing goes to 4 white row cottages.
In our area, you have to apply to the council and pay a fee and they make it clear that in numbered areas, the name is a purely cosmetic addition and you still have to display the official number/name.

You may have a problem if a listing site requires you to prove ownership of your new named cottage and all you have got is utility bills etc with a different cottage name on them.

It can also create a problem if there is a fire and your guests say they are staying at "your name" cottage rather than 4 White Row Cottages.
Essar
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Post by Essar »

Regardless, of postal address issues - a trading name that has been used for 10-years does have a legal precedent when someone tries to use the same name. In this case the fact that the whole row of cottages is named the same makes no difference. Anyone using the same name for an identical business is "passing off" - trying to gain from the experience and reputation of the existing business.

The likelihood is that the other owners believe they can use the name because of the postal address - they cannot if they have not had a holiday rental business previously using that name.

Initially, I would take the line that others have said and try to establish a conversation about this and try and get them to see that they are not only harming your business but potentially confusing possible customers to their own property.
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newtimber
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Post by newtimber »

Essar wrote:Regardless, of postal address issues - a trading name that has been used for 10-years does have a legal precedent when someone tries to use the same name.
There are lots of Albion Cottages around the country run as holiday cottages - it's not a unique trading name. It's just the name of the property that they're advertising for rent - if that is what it is.
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PW in Polemi
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Post by PW in Polemi »

newtimber wrote:There are lots of Albion Cottages around the country run as holiday cottages - it's not a unique trading name. It's just the name of the property that they're advertising for rent - if that is what it is.
Yes, but if somebody is looking for a property in Cirencester (for example), then the Albion Cottages in other locations should not show up. But in this instance of double naming, the duplicate named cottage is next door, so would show up in a search for that area.
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Bunny
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Post by Bunny »

I'm very confused by all this. When we bought our property we wanted to change the spelling of our official house name. We had to pay a fee to the local authority and they were very strict about duplicates in the vicinity etc and were very clear about what we could or couldn't call our house. So a duplicate name cannot be an official registered address. Could you perhaps contact the local authority to see if they would get involved in asking them to change it? They may be able to use an angle regarding emergency services confusion etc.
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