Ramada International Inc. v Ramada Investments (Pty) Ltd (CT030Mar2015) [2015] ZACT 66 (22 July 2015)

Ramada International Inc. v Ramada Investments (Pty) Ltd (CT030Mar2015) [2015] ZACT 66 (22 July 2015)

The Tribunal found that the respondent's company name 'Ramada Investments (Pty) Ltd' is confusingly similar to the applicant's registered trademark 'RAMADA', as contemplated by section 11(2)(b)(iii) of the Companies Act. The similarity is such that it is likely to confuse the ordinary reasonable careful person, especially given the applicant's extensive use and reputation of the RAMADA mark in South Africa and internationally. The Tribunal emphasized that mere similarity is insufficient; the similarity must be confusingly so, and in this case, the respondent's name incorporates the distinctive element of the applicant's trademark. The Tribunal also clarified that it does not have...

Citation
[2015] ZACT 66
Parties
Applicant: Ramada International Inc.; Respondent: Ramada Investments (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
22 July 2015
Case Number
CT030Mar2015
Procedural Posture
Review Application / Decision
Outcome
Application granted. The respondent is ordered to change its company name to one not incorporating 'RAMADA' within 90 days. No order as to costs.
Judges
K. Tootla
Legal Topics
Company Name Dispute, Confusingly Similar Trademark, Trade Mark Protection, Memorandum of Incorporation Amendment
Commercial and Corporate Intellectual Property Company Name Dispute Confusingly Similar Trademark Trade Mark Protection Memorandum of Incorporation Amendment

Case Brief

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Parties

Ramada International Inc.

Applicant

Ramada Investments (Pty) Ltd

Respondent

Procedural Posture

Review Application / Decision

Legal Issues

  1. 1 Whether the respondent's company name 'Ramada Investments (Pty) Ltd' is confusingly similar to the applicant's registered trademark 'RAMADA'.
  2. 2 Whether the respondent's company name contravenes section 11(2)(b)(iii) of the Companies Act 2008.
  3. 3 Whether the Tribunal has jurisdiction to grant relief under the Trade Marks Act for trademark infringement.

Ratio Decidendi

The Tribunal found that the respondent's company name 'Ramada Investments (Pty) Ltd' is confusingly similar to the applicant's registered trademark 'RAMADA', as contemplated by section 11(2)(b)(iii) of the Companies Act. The similarity is such that it is likely to confuse the ordinary reasonable careful person, especially given the applicant's extensive use and reputation of the RAMADA mark in South Africa and internationally. The Tribunal emphasized that mere similarity is insufficient; the similarity must be confusingly so, and in this case, the respondent's name incorporates the distinctive element of the applicant's trademark. The Tribunal also clarified that it does not have...

Court Disposition

Application granted. The respondent is ordered to change its company name to one not incorporating 'RAMADA' within 90 days. No order as to costs.

Orders

  • The respondent is ordered to change its name to one which does not incorporate the word 'RAMADA' as it contravenes section 11(2)(b)(iii) of the Companies Act.
  • This order must be served on the applicant, respondent, and the Registrar of CIPC by the Tribunal's Recording Officer.