CT00738/ADJ/2021

This is an application for a default order, in terms of S.160 (3) of the Companies Act (“the Act”), read with Regulation 153, that the first respondent, Maersk Shipping Line (Pty) Ltd, offends against the provisions of sections 11(2)(a)(iii); 11(2)(b) and 11(2)(c)(i) of the Act, by incorporating a mark that is identical and/or confusingly similar to the applicant's registered well-known MAERSK and MAERSK LINE trade marks, the applicant's company name falsely implies or suggests, or would reasonably mislead a person to believe, incorrectly, that the first respondent is part of, or associated with the applicant. The applicant requests the Tribunal to grant the following relief:

• that the first respondent does not comply with sections 11(2)(a)(iii) and 11(2)(b) and 11(2)(c) of the Act;
• that the first respondent is directed, in terms of section 160(3)(b)ii), to choose a name which does not consist of, or incorporate, the mark MAESK, or any other mark which is confusingly and/or deceptively similar to the applicant's MAESRK trade mark.
• in the event that the first respondent fails to comply with the order as set out in para (iii) within 6o days, that the second respondent be authorised to replace the company name with its registration number; and
• an order as to costs of the applicant in terms of regulation 156 of the Act.

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