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Posted on 5 Jan 2022
Case number: CT00809ADJ2021
Case type: Name Disputes
Decisions Status: Dismissed

Objection by the applicant against the respondent’s name THUNDERCAT TRADING, ostensibly in terms of s 11(2)(b) and s 11(2)(c) of the Companies Act 71 of 2008. The applicant complains that the respondent’s name is confusingly similar to its name THUNDERCAT INFLATABLES and/or that the word THUNDERCAT renders the respondent’s name to falsely imply or suggest or be such as would reasonably mislead a person to believe incorrectly that the respondent is part of or is associated with the applicant. The word THUNDERCAT is an invented word, but it was not invented by or on behalf of the applicant. None of the parties has exclusive rights to the word THUNDERCAT. Held, the inclusion of the words INFLATABLES in the applicant’s name and TRADING in the respondent’s name renders the names clearly distinguishable from each other. Held, the application is dismissed with no order as to costs.

Decisions and Orders

Date of Decision: 3 Jan 2022

Decisions Status: Dismissed

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