Sasol Ltd v Seasol Industry (Pty) Ltd (CT011Jan2015) [2015] ZACT 64 (14 July 2015)

Sasol Ltd v Seasol Industry (Pty) Ltd (CT011Jan2015) [2015] ZACT 64 (14 July 2015)

The Tribunal found that the Applicant's trademark 'Sasol' is uniquely distinctive and not an ordinary English word. The Respondent's name 'Seasol Industry (Pty) Ltd' incorporates 'Seasol', which is visually and phonetically similar to 'Sasol'. The Tribunal applied the reasonable man test and concluded that ordinary members of the public are likely to be confused or misled into believing an association exists between the two companies. The Respondent did not provide evidence of a successful business under its name, nor did it oppose the application. The Tribunal determined that the Respondent's name contravenes section 11(2)(b)(ii) and section 11(2)(c)(i) of the Companies Act, and ordered...

Citation
[2015] ZACT 64
Parties
Applicant: Sasol Ltd; Respondent: Seasol Industry (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
14 July 2015
Case Number
CT011Jan2015
Procedural Posture
Review Application / Default Order Application Under Companies Act
Outcome
The application for a default order is granted. The Respondent's name is found to be confusingly similar to the Applicant's trademark and must be changed.
Judges
Lizelle Haskins
Legal Topics
Company Name Dispute, Confusing Similarity, Trade Mark Infringement, Memorandum of Incorporation Amendment
Commercial and Corporate Company Name Dispute Confusing Similarity Trade Mark Infringement Memorandum of Incorporation Amendment

Case Brief

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Parties

Sasol Ltd

Applicant

Seasol Industry (Pty) Ltd

Respondent

Procedural Posture

Review Application / Default Order Application Under Companies Act

Legal Issues

  1. 1 Whether the Respondent's company name 'Seasol Industry (Pty) Ltd' is confusingly similar to the Applicant's trademark 'Sasol' in contravention of section 11(2)(b)(ii) and section 11(2)(c)(i) of the Companies Act.
  2. 2 Whether the Respondent should be directed to change its company name to avoid confusion or association with the Applicant.

Ratio Decidendi

The Tribunal found that the Applicant's trademark 'Sasol' is uniquely distinctive and not an ordinary English word. The Respondent's name 'Seasol Industry (Pty) Ltd' incorporates 'Seasol', which is visually and phonetically similar to 'Sasol'. The Tribunal applied the reasonable man test and concluded that ordinary members of the public are likely to be confused or misled into believing an association exists between the two companies. The Respondent did not provide evidence of a successful business under its name, nor did it oppose the application. The Tribunal determined that the Respondent's name contravenes section 11(2)(b)(ii) and section 11(2)(c)(i) of the Companies Act, and ordered...

Court Disposition

The application for a default order is granted. The Respondent's name is found to be confusingly similar to the Applicant's trademark and must be changed.

Orders

  • The Respondent's name does not comply with section 11(2)(b)(ii) and section 11(2)(c)(i) of the Companies Act.
  • The Respondent is directed to file a notice of amendment of its Memorandum of Incorporation within 60 days of receipt of this order.