[Moorf]

Suggestions anyone?

Before I left the UK I sold an online business I'd set up from scratch and ran as a hobby in my spare time. It was a UK-based business that I'd have found hard to run from NZ, hence the sale.

I am now toying with the idea of starting up the same business but NZ based and notice that the previous buyers of my biz haven't kept it going and the website addy (.com) doesn't work etc.

Am I allowed to set up the biz again using the same name, website address etc (if it's available) or is this not the done thing? Bit annoyed they left the previous biz go to pot but am I allowed to revive it considering they paid good money for it? :confused:

[Ana&Steve]

I only know how it would work in the States...was there a "conflict of interest" clause that would hinder you from being competition to the original business? I think you would have to legally reacquire the rights to the name/web address, but I wonder if by being in a different country, would it be a conflict of interest to start a similar company with a new name? Sorry I can't help, but good luck with the business, and I hope you get the answers you are looking for!
Ana
PS sending you a PM totally off-topic!

[constablechuck]

If they let the Domain expire and it's now available then anyone including you can register it, also if the company you sold never did business with anyone in NZ then your not competing with the new owners in the UK as long as you don't do business in the UK or take any of the customers the business had when you sold it, as for the business name, if no one registered it in NZ then it's available for anyone until someone does.

[wiki]

By the sounds of it, you would be ok to take on the lapsed domain name, and you're in another country so competition becomes less of an issue - however, when you sold the business if there were any contract caveats such as a non-competition bond (ie how long you promised not to set up and compete) and depending how much they paid for good will (not just the stock if that was relevant)
Usually if you sell a business you can set up the same business under a different name after a certain amount of time (and it's up to the buyers to suggest how long they want without you competing)

But I'd be very wary of setting up in the same name. You would be wise to do a company's search to see why they went out of business: if it was fraud or bad custom related then that could reflect badly on you, even in NZ.
Any chance you could set up the same business under a different name and domain?
Good luck

[eternalkiwi]

As Ana mentioned, if you had a restraint of trade clause you would have to abide by the terms contained in that.

Using the same name as another business is not necessarily illegal, especially if it is located in another country. Though you cannot use the reputation or branding of another business as this can cause confusion, so you would have to be careful of this risk.

One thing that could be worth finding out is (if it was a company) checking to see if it is still registered as a company. If the company has ceased trading, there can be no chance of confusing your new business with the business in the UK.

Website names are on a licence basis and if you stop paying the fees your licence expires, so simply the URL is not too likely to create an issue.

Also like Ana mentioned it could be worth contacting the UK owner and coming to an agreement for you to operate a similar business in NZ or purchase the intellectual property (naming rights etc) for the business. This process would be more important f you want to operate an identical company with identical branding style etc.

Shawn

[Moorf]

Thanks v. much for your advice folks.

I've checked my copy of the contract and there was no conflict of interest / competition restrictions/clauses so that's all ok.

I just need to check with companies house re state of registration.

What I really want to use is the website name and company name so I'll get on to that.

Good points re checking reputation etc Wiki - thanks!

You really can ask this forum anything!

Now, about this rash..... :D

[jubjub]

Now, about this rash..... :D

Put cream on it twice and day and stop scratching! :exit (hey its not chicken pox is it???

Hope you get your biz sorted out, you are right busy bee these days....

[speckythecky]

One word of warning Moorf,

If the people you sold the biz to made a hash of running it, it may have tarnished the 'company' and 'web site' name. would it be possible to set up the website as a .co.nz rather than .com.

Other than that, go for it big time and scratch the rash

[eternalkiwi]

If you prefer to have an international domain in addition to or instead of .com, another option could be a .biz domain.

Shawn

[Mr TW]

I'd go for the .com for search engine listing (park it if you have to to stop any compeition) then have the .co.nz in nz specific search engines (which seem to have a manual approval process anyay).

[Rizak]

Oh, just buy them all (.biz, .co.uk, .co.nz, etc.) and have them redirect to the .com address. That way nobody can argue with you. Talk to your web host for more details.

Some dumbass is sitting on the rizak.com site hoping that somebody is going to buy it out from under him. I can't imagine who would. He wants some astronomical amount for it. I found that rizak.info was cheaper and works just as well for my needs.

[Mr TW]

LOL - its Rizak is both a place name and a company name.

Anyway moorf, registering domain names in NZ is way cheaper than the UK - it works out you get around 7 years hosting for the price of 1 on a tld such as .com or.net

[Rizak]

Well, it is a place (http://www.fallingrain.com/world/UZ/0/Rizak.html) ...

:laugh

[isv]

Suggestions anyone?

Before I left the UK I sold an online business I'd set up from scratch and ran as a hobby in my spare time. It was a UK-based business that I'd have found hard to run from NZ, hence the sale.

I am now toying with the idea of starting up the same business but NZ based and notice that the previous buyers of my biz haven't kept it going and the website addy (.com) doesn't work etc.

Am I allowed to set up the biz again using the same name, website address etc (if it's available) or is this not the done thing? Bit annoyed they left the previous biz go to pot but am I allowed to revive it considering they paid good money for it? :confused:

Getting possession of an 'expired' domain name is not as straightforward as it used to be. There is quite a long process by which the exisiting owner is given numerous opportunities to revive it before it is taken from them.

I would have a discussion with your buyers about buying the brand/business back from them. You don't state if it was a Ltd Co. or a simple Sole Trader setup. Indeed, if you are only going to trade in NZ then none of this should bother you... BUT should you be a recent arrival in NZ then the 4-year tax exemption for migrants might give you a good reason to revive the UK-based company. There are some very interesting angles on using a UK-based business to fund a new NZ lifestyle...

Alan.