The applicant has brought an application in terms of section 160 read together with section 11(2)(b) of the Companies Act 71 of 2008 (“the Act”). The applicant is seeking an order that the first respondent be directed to choose a new name which does not consist of, or incorporate the mark “ZEISS” or any other mark which is confusingly and/or deceptively similar to the applicant’s ZEISS trade mark. The applicant is also seeking a costs order against the first respondent.
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