dashu1

Hello,
I wanted to ask the opinion of you guys to the following conundrum (the domains & companies are hypothetical - it isn't these domain names):

Suppose you have a domain say for example webco(.org.uk) that you want to put a site on as a web design company & call it "your existing ltd company trading as webco".

What happens when there is already an existing webdesign company on webco(.co.uk) where they call themselves, for example, "the web company"?

Could this be seen as passing off do you think, or is it just tough titties since the names are not trademarked?

Are there any other issues to consider?

Thanks!