The applicant submits that the first respondent’s name “TSOGO MAGIFIX” is the same as and is confusingly similar to its trade mark “TSOGO SUN”, and further that the first respondent’s name falsely implies or suggests or is such as would reasonably mislead a person to believe incorrectly that the first respondent is part of or associated with the applicant. The applicant’s case is premised on sections 11(2)(a)(iii); 11(2)(b)(i) and 11(2)(c)(i) of the Companies Act.
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