On 09 September 2016 the Applicant brought an application in terms of Sections 11(2) and 160 of the Companies Act 2008 (“the Act”) read with Regulation 142 of the Companies Regulations1 (“the Regulations”) for an order that the Respondent change its name to one which does not incorporate the “Gucci” trademark.2 This is clearly an error on Applicant’s part, which is rectified through all the supporting documentation that refers to the trademark “Superfund.” For these purposes, I shall overlook this as a typographical error, and proceed on the basis that Applicant seeks an order for Respondent to change its name to one that does not incorporate the “Superfund” trademark.
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