Decision

Decision on Tamara Mollon Limited

Updated 22 July 2022

Order under the Companies Act 2006

In the matter of application No. 3770

For a change of company name of registration No. 13174969

Decision

The company name TAMARA MELLON GLOBAL BRAND MANAGEMENT LIMITED has been registered since 2 February 2021 under number 13174969.

By an application filed on 7 February 2022, TAMARA MELLON BRAND INC 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 14 February 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. On 14 February 2022, the Tribunal wrote to Fuqiang Lv to inform him that the applicant had requested that he be joined to the proceedings. No comments were received from Fuqiang Lv in relation to this request. On 1 April 2022, Fuqiang Lv was joined as a co-respondent.

It was subsequently noted that on 15 March 2022 the primary respondent had changed its name. On 1 April 2022, the parties were therefore advised that TAMARA MELLON GLOBAL BRAND MANAGEMENT LIMITED had changed its name to TAMARA MOLLON LIMITED and that it was the Adjudicator’s preliminary view that the new name was still an offending name. The parties were granted a period of two weeks in which to file any written submissions or to request a hearing on the matter.

On 14 April 2022, in response, the applicant TAMARA MELLON BRAND INC advised that they agreed the new name was still an offending name and wished to amend their statement of grounds to object to the new name. No replies were received from the primary respondent or co-respondent. No request for a hearing was made.

On 28 April 2022, the parties were notified that as no defence or counter statement had been filed on the appropriate form by the respondents by the stipulated deadline, in accordance with rule 3(4) it was the preliminary view of the adjudicator to treat the respondents as not opposing the application for a new name and to make an order under section 73(1) of the Companies Act 2006 that the respondent company change its name to one that is not an offending name. The parties were granted a period of 14 days to request a hearing in relation to this matter, if they so wished. 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) TAMARA MOLLON LIMITED shall change its name within one month of the date of this order to one that is not an offending name;^{[footnote 1]}

(b) TAMARA MOLLON LIMITED and Fuqiang Lv 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.

TAMARA MELLON BRAND INC, having been successful, is entitled to a contribution towards its costs. I order TAMARA MOLLON LIMITED and Fuqiang Lv, being jointly and severally liable, to pay TAMARA MELLON BRAND INC 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 31 May 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. ↩