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Food Lover’s Holdings, owner of fruit-and-vegetable major Food Lover’s Market, has won a battle to protect its brand after the Companies Tribunal ruled that another company’s name could mislead the public into believing it is linked to the retailer.In its decision, the tribunal ordered Food Lover’s Emporium to change its name because it is confusingly similar to the well-known brand. “I find in favour of the applicant. The first respondent is ordered to change its name to one that does not incorporate Food Lovers [sic] and is not confusingly and/or deceptively similar to the applicant’s,” reads the ruling.Food Lover’s Emporium is a fairly new company, registered in 2025. As such, Food Lover’s Holdings argued the similarity between the two names could confuse customers and damage its reputation. The company said it owns several trademarks containing the words “Food Lover’s” and that it has invested heavily in building the brand. According to the ruling, the respondent did not oppose the application. Read: Get your own brand: Mondi wins naming fight as rival told to changeThe tribunal agreed, finding that the dominant part of the respondent’s name was identical to the applicant’s trademark and could wrongly suggest an association between the two companies.“The purpose of section 11 of the Companies Act is to protect names from being passed off by new companies registering similar names at the expense of the original name holder of the company or trade mark,” the tribunal said.It further found that the similarity in dispute “may give members of the public the impression that the respondent is associated with the applicant. This may affect the applicant’s reputation and finances.”Food Lover’s Emporium now has 60 days from receiving the order to amend its memorandum of incorporation and register a new name. If the company does not comply within three months, the Companies and Intellectual Property Commission has been directed to replace its name on the companies register with its registration number as an interim name until a compliant name is adopted.Business Day
