JUDGEMENT delivered this 23rd day of February 2013
If the Franchisee is a partnership, the partners and the Franchisees shall at all times be liable jointly and severally for all obligations of the Franchisee in terms of and arising from this agreement.
On the respondent's own version, the first respondent was the franchise's corporate vehicle whilst the third respondent was the principal acting in the place of the second respondent who did not have the legal capacity to act. the respondents should therefore be held liable jointly and severally.
[26] In the result it is ordered that:
The respondents and any juristic person under their control and/or affiliated with them is hereby ordered to immediately desist from using and/trading under the name "Landlords" and or using the logo "Landlords, We do Rentals".
The brand name "Landlords" be removed from all and any documentation, advertising and promotional material of respondents.
The despondent immediately cease passing themselves off as being in any way affiliated with the applicant.
The respondents pay costs of this application jointly and severally, and severally.
NDITA; J
If you would like a copy of the full Judgement, send a email to info@landlords.sa.com and a copy will be sent to you, or click in this link; http://www.scribd.com/doc/127132842/Case-No-6947-2012 http://www.scribd.com/doc/127357856/Case-No-6947-2012
LANDLRODS WE DO RENTALS is a registered trademark, which will be defended.
The respondents had to remove the name Landlords from all their documentation, including the registered name that they had registered, Tenant Profile Network, and the EAAB, email address had to be changed.
This is only the first of a number of people who will have to remove Landlords from their trading name that are involved in real estate.
The EAAB will not register any company from now on that has Landlords in their company or trade name.
If you have any questions in regards to this matter, feel free to contact me on info@landlords.sa.com
Mike JW Thorne