Today’s Wholesale Services Limited v Day 2 Day Traders Ltd
| Case Outcome | Applicant successful |
| Respondent | Day 2 Day Traders Ltd |
| Date | 19 July 2018 |
| Registration Number | SC560089 |
| Court | Company Names Tribunal (EW) |
| Administrative Decision Number | SC560089,O/436/18 |
In the matter of application No. 1733.
For a change of company name of registration No. SC560089.
DecisionOn 15 April 2015, this tribunal ordered company number SC476403, Nisa Day Today Limited and Mrs Tasneem Javed (as co-respondent), to change the company name to a non-offending name, failing which the tribunal would determine a new company name to a non-offending name, failing which it indicated that a new company name under 73(4) of the Act and give notice of that change under section 73(5) of the Act (BL-O-331/17 refers).
On month was allowed for the name to be changed or an appeal against the order to change the name be lodged and a costs award to the applicant was made for £800. Since the name was not changed in the period allowed and no appeal lodged. On 1 June 2015 a ‘Notice of change of company name’ was issued and, under the provisions of section 73(6) of the Act, the name was changed to SC476403 Limited.
On 20 March 2017, company number SC560089 DAY 2 DAY TRADERS LTD was registered and lists Mrs Tasneem Javed as its sole director.
On 10 April 2018, Today’s Wholesale Services Limited applied for a change of name of company number SC560089 under the provisions of section 69(1) of the Act. In its application the applicant stated:
‘…the company’s listed director, Mrs Javed, is a former director of the dissolved company no. SC476403 Nisa Day Today Ltd. The dissolved company was the subject of a prior application before the Company Names Tribunal (no. 886), also by Today’s Wholesales Services Limited, which was undefended. A copy of the relevant decision, no. O-177-15 of 15 April 2015, is attached…
Attached at Annex 6 is a print from an internet search relating to Day 2 Day Traders Ltd which indicates the company to be a retail/delicatessen business.
It is apparent from the information available that the Respondent’s interests under the DAY 2 DAY TRADERS LTD name are in the field of retail of food and beverages. It is therefore apparent that the company’s interests under the name are identical to those for which the Applicant has developed a goodwill and reputation in relation to the name DAY TODAY.
The use of the DAY 2 DAY name by the respondent(s), whether on its own or in connection with any other element, will therefore damage the repute of the Applicant and harm its business.
Bearing in mind the prior action before the Tribunal concerning application no. 886 there is also no reason for the Respondent’s use of the name DAY 2 DAY in its company name other than to take advantage of the Applicant’s renown and goodwill. The registration is also in violation of the Order of 15 April 2015’
In an official letter dated 17 May 2018, the Tribunal wrote to Day 2 Day Traders Ltd (which is the...
To continue reading
Request your trial