Reader TTS

* Company Names Tribunal Decision DECISION ON LONGCHAMP PLAY LTD Updated 5 February 2020 © Crown copyright 2020 This publication is licensed under the terms of the Open Government Licence

v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives,

Kew, London TW9 4DU, or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders

concerned. This publication is available at https://www.gov.uk/government/publications/company-names-tribunal-decision-longchamp-play-ltd/decision-on-longchamp-play-ltd ORDER UNDER THE

COMPANIES ACT 2006 In the matter of application No. 1990 For a change of company name of registration No. 10738582 DECISION The company name LONGCHAMP-PLAY LTD has been registered since 25

April 2017 under number 10738582. By an application filed on 26 April 2019, SAS JEAN CASSEGRAIN 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 15 May 2019, 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 30 July 2019, 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 letter sent to the respondent by “Royal Mail “Signed For” service was returned “not called for”. 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) LONGCHAMP-PLAY 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) LONGCHAMP-PLAY LTD

shall: (i) take such steps as are within their power to make, or facilitate the making, of that change; (ii) not to 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. SAS JEAN CASSEGRAIN, having been successful, is entitled to a contribution towards its costs. I order LONGCHAMP-PLAY LTD, to

pay SAS JEAN CASSEGRAIN 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 29th October 2019. Susan Eaves Company Names Adjudicator * 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. ↩ Back to top