legal advice

arfur

arfur

arfur

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26 Nov 2006
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just need a little advice, I run a store that occupies a building that use to do the same type of business. As far as I know the small business closed up and ceased trading months ago, I put a sign on my door yesterday stating that I would give discounts to any previous "<business name"> customers. Today another local competitor has told me to take the signs down otherwise he'll get a solicitor involved... can he? is it legal for me to do this wether or not the old company is still trading in another town? he isnt here anymore.
 
Again, as far as my limited experience knows, nothing wrong with it at all. No slander towards the previous business, CERTAINLY nothing towards the competitor - I say good idea, and good luck!
 
I am pretty sure you are not breaking any laws, you are advertising your business on your premises, you are offering a discount to any previous customer of a company that is no longer trading, the only issue i see, is if this company is actually still trading.

Let him get legal advice, i am sure you will hear about things before its too late, and it will be at his cost.

I do have to ask, cant any ole sole walk in and say "Hi, i want a discount, i used to come here" ?
 
T&C's state receipt needed but TBH it wont make any difference as we are new and trying to bring in new customers, discounts to everyone wont be an issue as they will be spending.
 
I'd suggest you contact your local small business advisory service or even the CAB (although they're less inclined to get involved in business matters) and check with them. As far as I'm aware you aren't breaking any laws here by advertising discounts to customers of a previously existing business but without a lot of checking I wouldn't be certain of my position.
 
Just remove the name if you are worried and offer an imaginary discount to everyone.
 
DiamondMark said:
Just remove the name if you are worried and offer an imaginary discount to everyone.
Click to expand...

thats defeatism... also the competitor use to work for the old company before springing up as a new business (no links to it at all) but insists on plastering their name across their adverts stating they use to work there...
 
arfur said:
thats defeatism... also the competitor use to work for the old company before springing up as a new business (no links to it at all) but insists on plastering their name across their adverts stating they use to work there...
Click to expand...

Then dont do it, it was just a suggestion :)
 
So he is using the old name as well? lol hes got some cheek asking you to stop. I say make your sign BIGGER than his :p
 
arfur said:
thats defeatism... also the competitor use to work for the old company before springing up as a new business (no links to it at all) but insists on plastering their name across their adverts stating they use to work there...
Click to expand...

IANAL but...

You are doing nothing wrong at all (consider competitive upgrade discounts on software).

He may be doing something wrong if he hasn't bought the use of the previous company's name though - although I doubt anybody will be pursuing it.
 
Not exactly the same, but similar I guess. As I was leaving Tesco tonight I noticed this banner saying you can spend your Asda discount coupons in store. Pretty sure if trying to take custom from another business was against the law then the legal teams of Walmart would have stomped on Tesco for that by now.

Apply this thinking to what you are doing.
 
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