Use of Name
Submitted by jandu.g on Wed, 26/05/2010 - 16:58
Hello
I'm currently the assistant club secrectary for a sunday league football team.
we have had a manager register part of the club name as a ltd company. we are not happy with this as he has now informed us that we can no longer use the name in any form what so ever.
i'd like to know if this is true or are we going to have to change our name.
regards
Gurpreet
This is a curious
This is a curious question.
You say that part of your name has been registered as a limited company. This suggests that the names are not the same. Can you state the difference please?
It is possible to challenge a company name under sec 69 of the Companies Act 2006 if you already have goodwill in the name. It is difficult to know if this would apply in this case without further information.
However such an action is going to be extremely expensive.
What is the manager's motive in all this?
It seems a bit heavy for a Sunday league football club.
From a non-legal point of view I would be inclined to carry on as you are. The manager is going to find it just as expensive to take action against your club.
Use of name
Hi Ian
the name registered is Pro Santos Football Ltd by the manager.
Our name is Pro Santos Youth F.C.
It is a bit heavy for a sunday league team, we are not clear of his motives. The members of the club have voted not to join him, and he is refusing to hand our kit, equipment and other training equipment claiming he owns these assets due to the fact he owns the club.
Kind Regards
Gurpreet Jandu
The issue here therefore
The issue here therefore seems to me to be the kit and other equipment.
Those items belong to whoever bought them
I presume these items were purchased by the unincorporated association known as Pro Santos youth FC. If that is so then ownership remains with the club. The creation of a limited company by the name you mention would not by itself alter the ownership.
If that is the case the club should formally write to the manager demanding the return of the goods failing which you should issue in the county court for their return.
Use of name
Hi Ian
yes all equipment and kits were purchased by Pro Santos Youth FC.
Is there anything stopping us using the name Pro Santos Youth FC? the Birmingham FA have informed us that as a Ltd company has been setup it prevents us using the name?
we are going to appeal againist the name being registered as there is 10 years good will invested by members of the club.
regards
Gurpreet Jandu
Firstly the kit and equipment
Firstly the kit and equipment must belong to Po Santos youth FC. The manager cannot use them since they do not belong to him. The items should be returned to you.
The name point is more difficult. In an ideal world you should have registered the name as trade mark.
The manager has registered a company using slightly different words. You may have an argument that you are not infringing anything in those circumstances.
I can however see the problem with the Birmingham FA. I would need to see their precise rules before advising further.
Can you e-mail them to me on icox@s-law.co.uk