High Court Commercial Division - 2009 April

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2 judgments

Citation	Judgment date
April 2009
(T) Breweries Ltd vs Qingdao Sino (T) (Commercial Case No. 49 of 2007) [2009] TZHCComD 11 (28 April 2009) An established company’s long-used name can bar registration and use of a similar name due to likely passing off and public confusion. Company names – similarity and passing off – identity, similarity and likelihood of confusion – long use and reputation may give proprietary effect to a company name. Registrar powers – refusal/correction of registration where a name would infringe or cause passing off – registrar’s direction to change name proper where oversight occurred. Remedies – declaratory relief, permanent injunction, striking off name from register, removal of advertisements, costs.	28 April 2009
Adept Impex Ltd vs Natural Wood (T) Ltd & Others (Commercial Case No. 17 of 2007) [2009] TZHCComD 12 (22 April 2009) Applicant failed to discharge burden to set aside security-for-costs order; proof of local assets and authenticated returns was inadequate. Security for costs – Order XXV r.1(1) – requirement for credible proof of registered office, local immovable property and authenticated annual returns (BRELA); foreign majority shareholders; risk of piercing corporate veil; discretion to refuse setting aside security order.	22 April 2009