News Item

Company Names Adjudicator issues first decision

16 December 2008

The first decision under the provisions of Section 69(1)(b) of the Companies Act 2006 was issued in December 2008.

A company called Coke Cola Limited has been ordered to change its name within one month of the ruling and has been ordered not to 'cause or permit any steps to be taken calculated to result in another company being registered with a name that is an offending name'.

In addition the company has been ordered to pay £700 in damages.

The action was of course brought by the renowned Coca-Cola Company and was not defended by Coke Cola Limited. Thus the decision issues without any ruling on the merits of the case, other than the decision of the Adjudicator not to exercise her discretion to treat the application as opposed in the absence of a counter-statement.

A means of appeal is available to the High Court in England, Wales and Northern Ireland and to the Court of Session in Scotland.

The new provisions were introduced to provide a new right for any person (the applicant) to object to the Company Names Adjudicator, if a company's name is: -

• the same as a name associated with the applicant in which he has goodwill (goodwill includes reputation of any kind); or
• - sufficiently similar to such a name that its use, in the UK, would be likely to mislead by suggesting a connection between the company and the applicant.

For more information, contact your usual Marks & Clerk attorney or Matt Sammon at msammon@marks-clerk.com.