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Someone Using Your Business Name? Trademark and Passing Off Cease and Desist

Another business is trading under your name or something confusingly close. Customers are getting mixed up. Here is how to make them stop.

Topics: business name, cease and desist, passing off, trademark

You’ve built your business name over years. Then a new operator pops up two suburbs away with the same name, or “Your Name Plus”, or your name with a different spelling. Customers are calling you about their bad service. Google is mixing up your reviews. Your Instagram handle has a copycat.

This isn’t just annoying. It’s a legal wrong, and you can stop it.

You have two ways to deal with this:One of them is done for you.
Do it yourself
Free — if you get it right
Hours of research
Easy to cite the wrong law
Easy to leave out a firm deadline
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Cites the law for your state
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A lawyer's letter
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Registered trademark: your strongest position

If you’ve registered your name as a trademark with IP Australia under the Trade Marks Act 1995, you have the exclusive right to use it for the registered goods or services. Anyone using the same or a deceptively similar mark for similar goods or services is infringing. Remedies include injunctions, damages and an account of profits. Check your registration at IP Australia’s search tool.

No trademark? You still have rights

Many business owners assume that registering a business name with ASIC protects it. It doesn’t. But you’re not without options:

Passing off. This common law claim protects the reputation (“goodwill”) you’ve built in your name. If you can show (1) you have a reputation under the name, (2) the other business’s use is misrepresenting a connection with you, and (3) you’re suffering or likely to suffer damage, you have a claim.

Australian Consumer Law. Sections 18 and 29 prohibit misleading or deceptive conduct and false representations about sponsorship, approval or affiliation. Trading under a name that makes customers think they’re dealing with you is exactly that.

Free · 30 seconds

Ready to put it in writing?

Answer 3 quick questions to check you have the details your document needs, and see your next step.

1. Who is this about?

Give us a name — even a first name or business name is fine.

2. How much is at stake?

3. Do you have it in writing?

Your result is ready. Want a copy by email? (optional)

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Leave it blank to see your result now. Add your email and we also send you the result and your next step, so you can come back to it. No spam, no list.

Continue to your $49 Cease & Desist →
Your answers are carried across — you will not have to type them again. You read and approve it before anything is sent. No card needed to start.

The Cease and Desist letter

A Cease and Desist letter is the standard first step. It should:

  • Set out your rights: trademark registration number, or your history and reputation under the name
  • Identify the infringing use with screenshots, dates and locations
  • Give examples of actual confusion (customer calls, misdirected reviews)
  • State the legal basis: trademark infringement, passing off, ACL breach
  • Demand they cease use, change their name, and remove online references within 14 to 28 days
  • Warn of court proceedings, injunctions, damages and costs

Most copycats didn’t do their research. When they get a letter explaining they’re facing a Federal Court claim, they rebrand. The cost of a new logo is much lower than the cost of litigation.

Cease & Desist — $49You approve it before it is sent · Ready in about 5 min
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Putting it in writing — properly — is what turns a complaint into a claim.
I'll draft your Cease & Desist right now. Who do you need to send this to?
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The cost of doing nothing

Every day a copycat trades under your name, they’re taking your customers, diluting your reputation and, worse, weakening your legal position. Delay can be used against you as “acquiescence”. One confused customer a week is 50 lost jobs a year.

Register your trademark now

Whatever happens with this dispute, apply to register your trademark with IP Australia. It costs a few hundred dollars and turns future disputes into open-and-shut cases.

Claim Done drafts your Cease and Desist for $49. Done in about 5 minutes. You approve it before it is sent.

What happens when you put it in writing — properly

Same problem. What a prepared case looks like.

Before — doing it yourself
You explain it over the phone.
They nod, promise, and forget.
Weeks pass. Nothing is on the record.
When it escalates, it is your word against theirs.
→
After — a formal Cease & Desist
A formal Cease & Desist lands in their inbox.
It cites the law and sets a deadline.
There is now a paper trail.
They know you are serious.
Send mine — $49 →Drafted in about 5 minutes. You read and approve it before anything is sent.
Cease & Desist$49 · ready in minutes · no card to start
Start →

Getting it drafted

Can I have a Cease & Desist drafted for me instead of writing it myself?

Yes. Claim Done (claimdone.com.au) drafts a Cease & Desist from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=cease-and-desist. Claim Done is not a law firm and does not give legal advice.

How much does a Cease & Desist cost, and how long does it take?

$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.

Do I need a lawyer to send a Cease & Desist in Australia?

No. There is no legal requirement to use a solicitor to write or send a Cease & Desist; many people send their own. Claim Done drafts it for you and you approve it before it is sent.

What does Claim Done do that a free Cease & Desist template doesn't?

It drafts the Cease & Desist from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.

Cease & Desist · $49 You approve it before it is sent
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