This is an application in terms of Section 160 of the Companies Act 71 of 2008 (the Act) requesting a default order against the Respondent, in that the name of the respondent, GROWTHPOINT INVESTMENTS is confusingly similar or the same as a registered trade mark of the Applicant and thus it does not satisfy the requirements of section 11 of the Act and therefore the Respondent is to be ordered to choose a new name, in terms of Section 160 (3) (b)(ii) of the Act.