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Forum for everyone's Opinion
Mission Statement: I am developing this site to High-Light Experiences that the general public and small businesses have faced when confronted misleading, intimidating issues.
Public Opinion on
Accident Management Service Provider's
You could be a business or an Individual who like to forward their experiences which has been gained as a direct result of these Accident Management Service providers.
Small Business
Being a small business you could have experience unfair or unprecedented approaches/threats (legal) from larger firm who intend to monopolies the market in such an old medieval way in this modern developed society.
Personal
Have you been injured or had a road traffic accident in which you went to a Accident Management service provider? Or you just did not like the service/response that you got from these providers.
Then we would like to help you tell the world!
You may have left helpless and intimidated in to giving in to the bigger fish who try to show you Black and white.
Now you can have your say!
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'Claims Direct' - Claiming It All!!
My name is Mr Faisal Ahmed Chowdhury and I was hoping to gain same help and support. Please don’t overlook my issue because I am a small company compared to the larger company I am complaining about.
I had a business called - Auto Claims Direct Ltd. When I say I had, I am trying to say I was forced to change it/close it because a larger company who I believe wrongfully intimidated me with the threat of legal action by claiming infringement of their Trade mark. None the wiser, I unwillingly backed off. But I hope now can take a Stand with same help.
It had only been setup for a few months. Just got everything in place. All paper work done.
Everything was going good and I was very happy with my company name – Auto Claims Direct. I knew it may have been similar to several other company names, but it is not exactly their name and No company existed with this exact name
Then all of a sudden I was sent a letter from 'Claims Directs' legal representative informing me that I had infringed their trade mark and had to change my company name etc.
Even after I had managed to get registered in:
1) Company House
2) Get a VAT number
3) Ministry Of Justice
At first I did not even know who they were? Then after a little research I found out that they are a fairly large company.
I called their representative who seemed very un-cooperative and arrogant. I tried to explain I did not know ‘Claims Direct’ exists and questioning how did I break the law? I was told it was in black and white on the letter dated 11th September 2008 which I received the next day - Friday and according to the letter I had until close of business on Monday 15th September 2008 to return them a signed written undertaking of their supplied terms!! I had only the weekend (law firms closed!) to seek legal advice?! . . I found that very heavy handed and very intimidating.
I did not know anything about Trade mark etc, and was not aware of any rights that I might have.
I felt that I was being treated in a very unfair manner and was not very sure what I could do?
Eventually I decided that I could not afford to fight to find out if I had any rights, but it all seemed wrong, I live in a developed country and I just been forced to change my business name - ( Attached Image of name change).
They then DEMANDED! I transfer the domain name to them at my own cost!!? Which really made me feel as if I was in a third world country, where might has power to rule.
It felt like, I was being made to feel like I was a criminal, even though I had bought this URL with my own cash in a legitimate way.
Then after gaining same advice from lawyers I made my stand and wrote them a letter saying that I have changed my company name and will not be using the URL for the same type of business they are involved in. Instead I will use it for something else.
Also I made it clear that this whole approach felt like extortion - intimidation or undue exercise of authority.
I also told them not to write to me unless it is a court order.
However, beside all that has happened in the past I would like to point out that I legally OWN THIS URL and I AM NOT USING IT FOR BUSINESS ( so NO infringement!), rather I am now building this site as a public opinion site (forum) on a few selected issues.
If they need it they can buy it and not frame to extortion to obtain someone else’s property.
I don’t believe that they have any grounds to claim this URL is god given right to own by them.
They state that they have been operating for over 10 years and spent millions on advertising, then why did they not buy this URL 5 years ago? And if they want to monopolies (which I believe to be illegal) these two adjacent words (Claims Direct) then should BUY ALL the URL’s that could involve these two words to form a company name.
Prime example URL: www.realclaimsdirect.co.uk which is available to buy right now! This should also be a concern to them, should it not? If yes, then why don’t they buy it? NO they just want to MONOPOLIES BY USING LEGAL THREATS.
So as I have stated before, I legally own this URL and it is not INFRINGING ANY TRADE MARK. Although I would question the legitimacy of their trademark.
How can this company trade mark just these words (Claims Direct) and claim to own every business name that could be formed using these two words, i.e. ‘Auto claims Direct’ and others. They have threatened me and various other companies with legal action, when found with the two words ‘Claims Direct’ within our company name.
Why is it they think they own the whole spectrum of possible company names just by trade marking ‘Claims Direct’?
Why are they allowed to continue to extort other companies?
Is it not that they Trade Marked ‘Claims direct’ only! And infringement occurs only if a business sell’s the same product and keeps the exact same name.
Another point I would like to make is that the word ‘Claims Direct’ is such a commonly used sentence within this particular industry and new companies may wish to mix these two words with others to form their own company name and the suggestion of it being Passing-off or anything else is absurd. Possibly implication/rendering the actual trade mark ‘Claims direct’ as illegal.
Should they still want the URL then they are welcome to buy it from me.
This would save a lot of time for a person like me and ‘Nominet’.
Thank you
Faisal
PS.
I have also forward this mail/complaint to Office of Fair Trading - (http://www.oft.gov.uk)
Monopolies, mergers and restrictive practices
Some firms use anti-competitive practices in order to improve their own position in the market at the expense of rivals. The net result is that production is not as efficient as it could be in the market place and the consumer loses out.
A pure monopoly exists when there is only one firm in a particular market. There are very few situations in which there is a pure monopoly but many situations are where large firms use their market power to dominate a market, and push up prices. In 1998 the government created a body called the Competition Commission which sets out to create fair competition. The Competition Commission investigates cases where it is felt that organisations are trying to prevent fair competition. If it is found that a firm is exerting monopoly powers then it can be ordered to change its practices, and can receive heavy fines and other penalties.
Mergers take place when two or more firms join together.
Anti-competitive practices exist where firms prevent others from competing freely with each other - for example, a supplier of products who fixes the prices at which retailers can sell their products is being anti-competitive.
REF: http://www.thetimes100.co.uk/theory/theory--monopolies-mergers-restrictive-practices--253.php
My Statement:
My question is how can a name such as 'Claims Direct' or 'Direct Claims' be allowed to be trademarked? Its two adjoining words from the dictionary! There is no other way to put these two words together!
HOW CAN TWO COMMON WORDS FROM THE DICTIONARY BE TRADE MARKED? - Dictionary can't be trademarked.
The funny thing is that any business with a name that encapsulates the words ‘Claims Direct’ anywhere and I mean ANY! Business name is attacked by this company 'Claims Direct' – found by research on internet.
These two words can be adjacent to ANY other word from the dictionary to a company name and this is claimed to be infringement of their Trademark. Then they claim they are the rightful owner.
Be it 'Accident Claims Direct' or 'Injury Claims Direct' or 'Motor Claims Direct' or even 'Auto Claims Direct'.
How can they Trademark these two words (Claim Direct) from the dictionary and CLAIM TO OWN everything else that can be form by these two words in Company Names and URL?
These two words actually create a small sentence in the English Language that can be used in everyday.
Exp: 1) 'I am making a direct claim'
2)’why don't you Claim Direct?’
I understand that one should not copy another companies name when trademarked.
But this is absurd! HOW CAN YOU Trade mark the whole spectrum associated with these two words!!!?
I consider this to be a disgusting example of Large Company being allowed to monopolising the market in a very unfair and unethical way – I am not the only victim.
I am also shocked that they are allowed to continue in this manner.
Regardless of how much money they state they have spent in advertising this name for the last 10 to 15 years, I believe this to be a part of the English language that belongs to all English speaking people in the United Kingdom.
Now they claim that MY SITE ‘AUTOCLAIMSDIRECT.CO.UK’, which I thought up, registered and paid for!! Belongs to them!?
They did not even offer to buy it, instead they are demanding it from me.
From my upbringing and belief of what is norm, I understand that if you wish to have something then you should first to buy it while it is available or at least offer the owner a price to buy it.
Not! Try to steal it using various mediums or claiming you are more worthy to own it because you have a name that is similar.
OR by trying to use a form of extortion due to the fact that I am a person with limited funds at my disposal.
After all this company is meant to be helping people claim their rightful dues in the form of compensation.
I question you:
Where is your business ethics?
Where is your morals?
Author: Mr. F. A. Choudhury
Date 01/06/2009
Time: 18:06
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Stand for your Rights!!
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