Legal Question in Business Law in United Kingdom

Name of Company being impersonated

Please tell me if another Company may use the same name as our Company given the fact that we are very established with a long history to do with animal welfare.

I am referring to the name Society for the Prevention of Cruelty to Animals (SPCA). In the United Kingdom we are known as the Royal Society for the Prevention of Cruelty to Animals (RSPCA). In the Republic of Ireland (not on your list) it is ISPCA or Ireland Society for the Prevention of Cruelty to Animals.

The problem is that there has become a split in Ireland whereupon one area wants to jurisdicate itself and not be answerable or accountable to the regulations of the Society which is the official body but wishes to continue with the title SPCA. This leads to a great many complications particularly to do with fundraising or grant applications and all round representation in an official capacity.

Because they have decided to split they have been expelled from SPCA but are continuing to fundraise , hold meetings etc. under this title adding their branch area name.Surely this cannot be right. What to do?


Asked on 11/06/03, 10:25 am

1 Answer from Attorneys
Richard Howard Richard Howard & CO

Re: Name of Company being impersonated

Where a Company can prove that it has goodwill in its name or a trading name, and by use of that or a similar name another is misrepresenting itself as that Company and damage is caused as a result, the other may be liable for "passing off".

In an action for the tort of Passing Off the court can grant an injuntion restraining or stopping use of that name and award damages.

There are issues of jurisdiction and applicable law in your case but it is not considered that Irish Law would be radically different from English law in this respect.

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Answered on 11/06/03, 12:26 pm


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