Decision

Decision on Lego Market Group Ltd

Updated 24 August 2022

Order under the Companies Act 2006

In the matter of application No. 3825

For a change of company name of registration No. 13614520

Decision

The company name LEGO MARKET GROUP LTD has been registered since 10 September 2021 under number 13614520.

By an application filed on 8 February 2022, LEGO JURIS A/S AND LEGO COMPANY LIMITED applied for a change of name of this registration under the provisions of section 69(1) of the Companies Act 2006 (the Act).

A copy of this application was sent to the primary respondent’s registered office on 25 March 2022, in accordance with rule 3(2) of the Company Names Adjudicator Rules 2008. The copy of the application was sent by Royal Mail “Signed For” service and also by standard mail. It was returned “not at this address” and “addressee unknown” respectively.. On 25 March 2022, the Tribunal wrote to David Simpson to inform him that the applicant had requested that he be joined to the proceedings. The letter sent to David Simpson by Royal Mail “Signed For” service was returned “not at this address” and the letter sent by standard mail was returned “addressee unknown”. No comments were received from David Simpson in relation to this request. On 4 May 2022, David Simpson was joined as a co-respondent. On 4 May 2022, the parties were advised that no defence had been received to the application and so the adjudicator may treat the application as not being opposed. The parties were granted a period of 14 days to request a hearing in relation to this matter, if they so wished. The letters sent to the primary respondent by Royal Mail “Signed For” service and by standard mail were returned “addressee unknown”. The letter sent to the co-respondent by standard mail was returned “addressee unknown”. No request for a hearing was made.

The primary respondent did not file a defence within the one month period specified by the adjudicator under rule 3(3). Rule 3(4) states:

The primary respondent, before the end of that period, shall file a counter-statement on the appropriate form, otherwise the adjudicator may treat it as not opposing the application and may make an order under section 73(1).

Under the provisions of this rule, the adjudicator may exercise discretion so as to treat the respondent as opposing the application. In this case I can see no reason to exercise such discretion and, therefore, decline to do so.

As the primary respondent has not responded to the allegations made, it is treated as not opposing the application. Therefore, in accordance with section 73(1) of the Act I make the following order:

(a) LEGO MARKET GROUP LTD shall change its name within one month of the date of this order to one that is not an offending name;^{[footnote 1]}

(b) LEGO MARKET GROUP LTD and David Simpson each shall:

(i) take such steps as are within their power to make, or facilitate the making, of that change;

(ii) not 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 accordance with s.73(3) of the Act, this order may be enforced in the same way as an order of the High Court or, in Scotland, the Court of Session.

In any event, if no such change is made within one month of the date of this order, I will determine a new company name as per section 73(4) of the Act and will give notice of that change under section 73(5) of the Act.

All respondents, including individual co-respondents, have a legal duty under Section 73(1)(b)(ii) of the Companies Act 2006 not to cause or permit any steps to be taken calculated to result in another company being registered with an offending name; this includes the current company. Non-compliance may result in an action being brought for contempt of court and may result in a custodial sentence.

LEGO JURIS A/S AND LEGO COMPANY LIMITED, having been successful, is entitled to a contribution towards its costs. I order LEGO MARKET GROUP LTD and David Simpson, being jointly and severally liable, to pay LEGO JURIS A/S AND LEGO COMPANY LIMITED costs on the following basis:

Fee for application: £400
Statement of case: £400

Total: £800

This sum is to be paid within seven days of the expiry of the appeal period or within seven days of the final determination of this case if any appeal against this decision is unsuccessful.

Any notice of appeal against this decision to order a change of name must be given within one month of the date of this order. Appeal is to the High Court in England, Wales and Northern Ireland and to the Court of Session in Scotland.

The company adjudicator must be advised if an appeal is lodged, so that implementation of the order is suspended.

Dated 21 June 2022

Susan Eaves
Company Names Adjudicator

1. An “offending name” means a name that, by reason of its similarity to the name associated with the applicant in which he claims goodwill, would be likely to be the subject of a direction under section 67 (power of Secretary of State to direct change of name), or to give rise to a further application under section 69. ↩