Triumph International Aktiengesellschaft is a company incorporated in Germany. It is the proprietor of the trade marks TRIUMPH and TRIUMPH INTERNATIONAL registered in South Africa in different classes of goods and
services. Together with its subsidiaries, it manufactures and distributes women’s lingerie and other clothing items globally. Its products are also sold in South Africa through stores like Truworths, Stuttafords, Foschini and Edgars. As the applicant herein, it seeks a default order against the respondent in terms of regulation 153 of the Companies Regulations, 2011 (the Regulations).

The application for default order is based on a claim that that the respondent’s name does not satisfy the requirements of the Companies Act NO. 71 of 2008 (the Act), as it is confusingly similar to its trade marks.