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Losing a key manager is tough. But when they started a new business as if it was our own, I knew it was crucial to get specialist advice fast. The first step to protecting our business was calling Michael at TMR Fitzsimons. We got it dealt with fast and now we can get on with doing business.

Our Client PIL is a nationwide provider of home improvement services, established over twenty years ago. When a key manager left to set up his own business using a very similar name, targeting its clients and copycatting our client’s business, they weren’t sure if they could stop it.

There were lots of irons in the fire of this dispute. What stands out is that PI had not registered their trademarks and had a name that was ‘it does what it says on the tin’. There are pros and cons to that type of descriptive name.

Talking to the team at PI, we established a long and successful history of trade. We were able to brush through the irrelevant and focus instead on our allegations of passing off, instances of confusion and breach of employee duties of trust.

We had to be tough and we had to issue injunction proceedings for passing off, but we brought the unfair competition to an end. It does cost money, but this is money that would soon be lost and worse if you did not take action. Taking the hard steps can save management time in the long run and allow your business get back up to speed faster.

We also used our client’s history of trading in Ireland to obtain very valuable registered trademarks for it.

“Michael’s advice was crucial in shutting down this crucial threat to our long-standign business, quickly. He put togethert a great team to advise us. They identified early on that urgent action was necessary and they were a great help to us putting together the necessary supporting documents.”

 

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TMR FITZSIMONS

Solicitors & Trademark Attorneys

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