Question posted in the Intellectual Property Law category relating to Gauteng
Question value: R 300.00
I registered a company and purchased a domain name legally in South Africa and have been receiving threats from lawyers of an American company telling me to change the name or they will see me in court because they have patents registered in several countries. They also said they hired a private investigator to find me.
Can I be forced to change the name of my company even though it was legally registered in South Africa?
Answer to the Question
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.
Legally you can't be forced to change the name unless the American company has a registed trade mark in South Africa. Trade marks are territorial in nature, which means that you need to register the trade mark in every country that you want to use the trade mark in!
The exact answer to your question depends on the name of the company, and your products that you are selling, and whether or not you are actually trying to trade on their name, or just with a company with the same name.
Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.