**** Guest House: HIJACKING AND CLONING OF OUR BUSINESS

Item: 38 On The Drive
Rating: 1
Author: moyopeter M

K ********** 931 (SOUTH AFRICA) Pty Ltd t/a 38 On The Drive BnB would like to distance itself from individuals currently operating an ******* guest house out of our former place of business 38 The Drive, Lakefield, Benoni, 1510. 38 On The Drive BnB puts it on record that it closed its business on 14 September 2016 after it became clear it would not get the required consent use rezoning from the Erkhuruleni Council. K ********** 931 (SOUTH AFRICA) Pty Ltd established goodwill and reputation in the business and trade name known as “38 On the Drive” while it was operating the guesthouse at the premises. It has come to our attention these individuals are now operating the guesthouse under the same name and style and thus riding on the goodwill and reputation we created and are therefore passing off their business as that of ours. This is likely to cause confusion among members of the public who will assume that this ******** business is ours. Our public liability insurance for this property has long lapsed, making the current use of the building as a guest house a hazard to the public. We have communicated this with the agent Kanz Property Brokers CC and the landlord but as long as the rentals are paid they seem to have paid a blind eye. The two individuals have also claimed and misrepresented to various stakeholders and booking agents that they bought K ********** 931 (SOUTH AFRICA) Pty Ltd. We would like to put it on record that no such sale of any nature of K ********** 931(SOUTH AFRICA) Pty Ltd, its intellectual property or business contents ever occurred. And that no cessation of our client’s business or rights in relation to K ********** 931 (SOUTH AFRICA) Pty Ltd ever occurred. All the directors or representatives of K ********** 931 (SOUTH AFRICA) Pty Ltd have never met or sat down with you to discuss the sale or cessation of the company and business at any given time. We have also reported ******* connection and use of water and electricity using our account to the council and have been assured action is being taken against the perpetrators. K ********** 931 (SOUTH AFRICA) Pty Ltd has been made aware of several attempts by these individuals to hijack our business using some individuals with connections at CIPC. We are now investigating the issue with the aim to report them to CIPC, DTI and SAPS. Our closure of the guest house is in keeping with the findings of the Erkhuruleni City Council which reads: “RE: CONTRAVENTION OF THE EKURHULENI TOWN PLANNING SCHEME, 2014: ALLEGED ******* USE OF ERF 2939 BENONI WESTERN EXTENSION 2, 38 THE DRIVE In terms of the Ekurhuleni Town Planning Scheme, 2014, the above mentioned property is currently zoned “Residential 1” and shall be used solely for the purpose of a Dwelling House. The use which is presently being conducted on the property, is not in line with the current zoning, and constitutes a direct contravention of the aforesaid Town Planning Scheme and consequently renders you liable for prosecution. You are hereby accordingly instructed, in terms of the provisions of Section 42 of the Town Planning and Townships Ordinance, 15 of 1986 (as amended), to cease the above mentioned alleged ******* land use and restore the property to its original purpose, within 28 DAYS from the date of this letter.” It is in this spirit that K ********** 931 (SOUTH AFRICA) Pty Ltd t/a 38 On the Drive BnB views the continued use of its names, trademarks and intellectual property in serious light. We appeal to all various stakeholders like Groupon, Expedia, Daddy’s Deals and many booking agents to immediately stop and remove the misleading advertising using our names, trademarks and intellectual property. Our legal team is currently handling the issue andwill approach the courts to stop this *******ity. All questions and further information to: ********** Regards Andrew Matodzi PRO

Helpful (0)

Replies (0)