By EMMA CORNFORD
It's takeaway at 10 paces for the two Joey's and the combatants are spitting chips.
Grafton's Kelly family who have owned Joey's Takeaway, together with the registered business name, for the past two years, are at their wit's end.
When they moved out of their old rented premises at 205 Prince Street in April, their landlord, Trevor Jones, opened another takeaway store in the same position.
While the competition doesn't bother the Kellys, the fact Mr Jones is yet to remove their old signage, even though they have now reopened just two doors down the street at No. 207, does.
"(Mr Jones) is trying to ride along on our coat-tails ... because we've got the reputation for having good food, but it's not going to work," a Kelly family member said.
"That's not Joey's ? it's as simple as that. Yet time and time again we have people coming in and asking us why there are two Joey's takeaways."
The family member said the two Joey's had not only created confusion for customers, it had caused problems with the electricity bill and Whitepages listing which had both been registered under the Joey's Takeaway title.
She said she had also contacted the Office of Fair Trading a few weeks ago, which she said had issued a letter to Mr Jones giving him a month to remove or paint over the sign.
Mr Jones said he could not recall having been sent any such notice, but was waiting for a contractor to come and paint over the sign. "It's not going to be there for much longer," Mr Jones said.
"But anyway it hasn't made much difference to us. We're registered as Dobie Dell."
NSW Office of Fair Trading spokesperson Margaret Munro said although she could not comment on specific cases, using a publicly displayed business name registered to someone else would be in breach of the law.
"Section 27 of the Business Names Act of NSW says that if there is evidence that a person has carried on business at a premises on which a business name is on display ... that would be evidence they traded under that name and therefore they would be in breach of the law."
Mr Jones attributed the mistakenly registered electricity and phone bills to 'an accident by a contractor'.
"That was nothing to do with me. It was a mistake by the men who came and did it and once I found out it was wrong I had it changed."
But the Kelly family member said she had to change the details of the phone and electricity accounts by visiting Country Energy and sending a solicitor's letter and copy of the business name registration to Telstra.
"This is not just a small problem," she said.
"We're a family business and it's affecting all of us. After all, why do you register a name? It's so that only you can use it."