Company Law Reform Bill [HL]

As has been described, Amendment No. 73A seeks to give company names adjudicators additional powers. Instead of ordering a company to change its registered name, they could order it to refrain from using its registered name in relation to certain activities. However—this is where we part company—where someone has grounds to stop a company trading under a particular name, whether it is its registered name or not, there is already a remedy. It is found in the law on trademarks and passing off. We think that that is where the matter should be dealt with; it is not a matter for company law. Therefore the amendments are unnecessary.