This is an Application in terms of section 160 of the Companies Act 71 of 2008 (the Act). The basis of this Application is that the first Respondent’s name, KGANYA LE NKATLE PROJECTS (PTY) LTD offends against the provisions of sections 11(2)(b) and (c) of the Act by incorporating a name that is confusingly similar to the Applicants’ registered KGANYA trademark. Further that the use of the entity name is thus likely to falsely imply or suggest, or be such as would reasonably mislead a person to believe incorrectly that the First Respondent is part of or associated with the Applicants trade marks.
2)
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