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Posted on 4 Apr 2022
Case number: CT00875/ADJ/2021
Case type: Name Disputes
Decisions Status: Granted

Objection (in the form of an application for a default order) by the applicant to the first respondent’s name KULULA HOLDINGS based on s 11(2) of the Companies Act 71 of 2008 due to the confusing similarity with the applicant’s trade mark KULULA and/or due to the first respondent’s name falsely implying or suggesting or being such as would reasonably mislead a person to believe incorrectly that the first respondent is part of or associated with the applicant. The objection is upheld in terms of section 11(2)(b), but with no order as to costs. Also, on the basis of a previous High Court decision, the second respondent is directed to substitute the first respondent’s registration number for its name in the event of the first respondent failing to change its name within the period stated in the order.

Decisions and Orders

Date of Decision: 1 Apr 2022

Decisions Status: Granted

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