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Pro Wales Broadband Group Wispa Ltd Calls for WISPA to Stop Using its Name

Posted: 01st Sep, 2011 By: MarkJ
wispa_ltd.gifwispa.gifWispa Limited, which represents a group of websites and consultants that passionately believe Welsh broadband deserves better, has issued a Cease and Desist letter against the recently launched Wales Internet Service Providers Association (WISPA) for effectively using the same name.

The Welsh-ISPA (WISPA) was launched by Ofcom UK's former head of broadcasting and telecommunications for Wales, Hywel Wiliam, in June 2011 (here). It aimed to help lobby for faster broadband ISP connectivity in Wales and also intended to act as a trade body (i.e. like the ISPA UK).

At the time Wispa.. sorry.. we mean 'Wispa Limited' took the news well and stated that WISPA "could be a fantastic thing for Welsh broadband if managed well and if they gain a voice that is listened to". Since then Wispa Limited appears to have changed its tone.

Wispa Limited's Letter of Complaint to WISPA

Dear sirs,

We are aware that you are using an acronym of your 'association' name that is the same as our registered Limited Company and Trading name of Wispa and that this therefore amounts to passing off.

In the circumstances we require you to immediately take steps to do the following:
1. Provide us with a written undertaking that you will stop and desist using our business name

2. Change your existing practice of using our business name so that it is no longer misleading and to inform us that you have done the same

3. Deliver up to us all your stationery and other materials showing use of our business name so that we can destroy it

4. Provide us with details of your proposals to compensate us for this infringement
Please treat the content of this letter as urgent, and also be aware that if you do not take steps to comply with our request within seven days from the date of this email, we will be left with no alternative but to commence legal proceedings against you.

This email has been copied to the two organisations on your website who show as being member organisations so that they are clear about this action.

Yours faithfully,

CC:
Nominet
Companies House
Trading Standards (Cardiff)

The confusion is certainly easy to understand, especially with both "Wispa's" having such a similar focus (i.e. one person can own a trade mark as long as it is used for a different type of product or service), although it's not completely clear whether either side has an official Trademark for their respective name's. Likewise the fact that both use similar logo colours could be another point of contention. Wispa Limited has also been around longer than WISPA, which will count in its favour.
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