Use of trade name

Questioner

Since last year I have been chairman of the Assistance Dog Gelderland foundation. We are an ANBI foundation and specialize in training PTSD and autism assistance dogs at cost price. Now today I received an email from another foundation, namely the foundation Assistentiehond Nederland, that they summon us to change our name immediately because it resembles their name too much. (Article 5 of the Trade Name Act). Is this correct? Since we are not a company and do not have a trade name and the name does not match. I look forward to hearing from you.

Lawyer

It ultimately depends on all the circumstances of the case. For example, they usually also look at how unique the name is. Whether the logos are similar. Who was there first, etc. At first glance, assistance dog doesn't sound like a very unique name. For example, if we make a comparison with 'Dutch Baker', 'Gelderland Baker' or 'Hulphond Friesland' 'Hulphond Den Bosch' it does not seem to me that the use of those names could simply be prohibited. That could be different if there were confusion among the public or if there was deliberate piggybacking on the fame of another company: For example Sunweb > Zonweb or Dunkin Donuts > Dunken Donut You can contact me without obligation via my profile to discuss the case further and/or if you require legal assistance.