{"id":42123,"date":"2023-10-20T15:18:54","date_gmt":"2023-10-20T15:18:54","guid":{"rendered":"http:\/\/startupsmart.test\/2023\/10\/20\/why-uber-forced-this-gold-coast-business-to-change-its-name-startupsmart\/"},"modified":"2023-10-20T15:18:54","modified_gmt":"2023-10-20T15:18:54","slug":"why-uber-forced-this-gold-coast-business-to-change-its-name-startupsmart","status":"publish","type":"post","link":"https:\/\/www.startupsmart.com.au\/uncategorized\/why-uber-forced-this-gold-coast-business-to-change-its-name-startupsmart\/","title":{"rendered":"Why Uber forced this Gold Coast business to change its name – StartupSmart"},"content":{"rendered":"
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By Ronelle Richards<\/em><\/p>\n

A delivery business on the Gold Coast has been forced to change its name after receiving legal threats from ridesharing giant Uber.<\/p>\n

Manne Padowitz, general manager of delivery startup Muber told Business News Australia he was forced to change the name of his company after Uber contacted him about the similarities between the businesses.<\/p>\n

However, Padowitz said choosing to call his startup name Muber was a strategic choice and was intended to draw a link between Uber and his business, which delivers food, alcohol, commercial and private goods directly to homes around the Gold Coast.<\/p>\n

\u201cOriginally the name Muber made sense because it gave the public an idea of the concept of the app,\u201d he said.<\/p>\n

\u201cUber is not a unique name; it is not a unique word. The only reason Uber wanted us to change the name was because we adopt a similar business practice they do in terms of the method of operation,\u201d he said.<\/p>\n

Padowitz said his business is aimed at customers who order taxis or Uber to pick up food or alcohol, with Mobey drivers picking up and delivering the items for customers to save them half the fare.<\/p>\n

After rebranding, Mobey launched their app last month.<\/p>\n

Drivers are paid 80% of the delivery fee, but similar to Uber, they use their own vehicles and pick their own hours.<\/p>\n

Uber is not yet legal in Queensland, with premier Annastacia Palaszczuk telling taxi drivers on Sunday the government will be releasing a comprehensive strategy to deal with issues around ridesharing services in August, according to SBS News.<\/p>\n

Narissa Corrigan, principal at Ampersand Legal, which offers marketing, franchising, intellectual property and commercial law advice, told SmartCompany choosing a similar name to a competitor generally is not a wise move.<\/p>\n

\u201cFirstly business can\u2019t come up with a name that is similar to another business because it could well be misleading or deceptive or had potential to be misleading or deceptive,\u201d she says.<\/p>\n

\u201cSecondly often businesses will have their name protected by a trademark, hopefully registered but sometimes unregistered or common law trademarked.\u201d<\/p>\n

Corrigan says even when businesses that use a common dictionary word \u2013 like \u201cuber\u201d \u2013develop a reputation for an industry, they can still claim infringement if the reputation could be damaged by similarly named businesses.<\/p>\n

Trademarks can be registered or unregistered but registering early is an important move for SMEs, says Corrigan.<\/p>\n

\u201cI say this time and time again it\u2019s always best to use a trademark,\u201d she says.<\/p>\n

\u201cIf people don\u2019t register their trademarks they have rights still in the unregistered marks, but it\u2019s a little bit trickier for them to prove that someone has infringed that mark.\u201d<\/p>\n

The potential legal costs for alleged deceptive conduct or trademark infringement in a dispute between businesses could be very expensive, says Corrigan. She advises SMEs to simply do their due diligence.<\/p>\n

\u201cBusinesses wanting to come up with a new name need to do thorough research into their competitor\u2019s names,\u201d she says.<\/p>\n

\u201cIt\u2019s really easy to do some due diligence at the start so I\u2019d recommend anyone coming up with a name do a Google search, business name and company name search and either through themselves or a lawyer, do a trademark search.\u201d<\/p>\n

SMEs can complete trademark searches are free through IP Australia or hire a lawyer if they are unsure of how to proceed.<\/p>\n

\u201cWith the internet, it\u2019s hard to hide behind these names for very long,\u201d she says.<\/p>\n

\u201cThe best advice I can give is to thoroughly check before launching a new brand.\u201d<\/p>\n

So how early into a business should a trademark application be done?<\/p>\n

\u201cAs early on as they come up with a business name,\u201d Corrigan says.<\/p>\n

\u201cOnce someone decides to go ahead [with a business], apply for a trademark.\u201d<\/p>\n

SmartCompany contacted Uber and Mobey but did not receive a response prior to publication.<\/p>\n

This piece was originally published on SmartCompany.<\/em><\/p>\n

Follow StartupSmart on<\/em> <\/em>Facebook,<\/em> <\/em>Twitter,<\/em> <\/em>LinkedIn<\/em> <\/em>and<\/em> <\/em>Soundcloud.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

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