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Posted on 17 Jan 2021
Case number: CT00252/ADJ/2019
Case type: Name Disputes
Decisions Status: Granted

Objection (in the form of an application for a default order) by the applicant to the first respondent’s name VUKILE CONSTRUCTION based on s 11(2)(b)(iii) and s 11(2)(c)(i) of the Companies Act 71 of 2008 due to similarity with the applicant’s trade mark VUKILE –the delay of 10 months before the application for a default order was pursued is bemoaned -objection upheld in terms of section 11(2)(c)(i), with costs –held, the request that the second respondent be directed to substitute the first respondent’s registration number for its name in the event the first respondent fails to comply with the order made herein is dismissed for want of jurisdiction -held, the first respondent is directed to change its name within two months from date of service of the order -held, the first respondent is liable for costs of the application.

Decisions and Orders

Date of Decision: 14 Jan 2021

Decisions Status: Granted

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