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Store faces replacement of name with registration number after ignoring proceedings

Tribunal orders Fort Beaufort tuckshop to change 'Sun City' name

Small business given 60 days to adopt a new compliant name or face CIPC penalties

  • Dispatch Reporter
1 min read
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A Fort Beaufort tuckshop has been ordered by the Companies Tribunal to drop the name 'Sun City' after hospitality giant Sun International raised trademark infringement concerns. The leisure group argued that the business's registered name could mislead consumers into believing the shop was affiliated with its flagship North West resort.

SummaryOpen the quick read
  • The Companies Tribunal ordered Sun City Tuckshop (Pty) Ltd in Fort Beaufort to change its registered name.
  • Sun International challenged the registration over trademark infringement and potential consumer confusion.
  • The tuckshop did not oppose the proceedings after amicable settlement attempts failed.
  • The business has 60 calendar days from receiving the order to choose a compliant replacement name.
  • Failure to comply will prompt the CIPC to replace the tuckshop's name with its registration number.

A Fort Beaufort tuckshop has been ordered to change its registered name after a challenge by leisure giant Sun International, which argued that the name could confuse customers and infringe its trademark.

The Companies Tribunal granted the application against Sun City Tuckshop (Pty) Ltd, registered at Main Street in Bofolo, Fort Beaufort, after the business failed to oppose the proceedings.

In its order, dated September 28, the Tribunal directed the company to choose a new name that does not conflict with the Companies Act.

It was given 60 calendar days from receipt of the order to comply.

If it fails to do so, the Companies and Intellectual Property Commission must replace its name with its registration number until the company complies.

Sun International approached the Tribunal on April 9 after attempts to resolve the dispute amicably failed, according to the ruling.

The tuckshop was given until May 14 to respond but did not do so.

The dispute centred on the use of “Sun City”, the name associated with Sun International’s well-known resort.

The group argued that the similarity could lead members of the public to believe the tuckshop was connected to its business.

The Tribunal accepted the application and ordered the name change.

The ruling does not establish when the tuckshop received the order, so the precise date by which it must change its name could not be confirmed.

The company could not be reached for comment by publication deadline. -- DDR

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