Read the case below and complete questions that follow.

Lucky Star Limited v Lucky Brands (Pty) Ltd (SCA. Case No: 164/2015)

The following are the facts of the case as presided over by Judges Swain, Ponnan, Petse, Dambuza and Judge Kathree-Setiloane.

This appeal concerned the sale and marketing of fish. In the case of the appellant, Lucky Star (Ltd), this is in the form of canned fish sold under the registered trademark Lucky Star. In the case of the respondents, this is in the form of cooked fish and chips sold from several restaurants operated in Cape Town, under the trademarks Lucky Fish, Lucky Fish and Chips and Lucky Fish & Chips.

Relying upon the provisions of s 34(l) (a) (b) and (c) of the Trademarks Act 194 of 1993 (the Act), the appellant brought an application before the Western Cape Division of the High Court, Cape Town Rogers J). An interdict, together with ancillary relief, was sought against the respondents restraining them from infringing the Lucky Star trademark. The appellant also sought relief in terms of s 11(2) (0) (1) and (iii) and 11(2) (c) (1) of the Companies Act 71 of 2008 (the Companies Act) declaring that the company name of the first respondent, Lucky Brands (Pty) Ltd, was confusingly similar to the appellant's registered trademarks, Lucky Star and Oceana Brands and company names, Lucky Star Ltd and Lucky Star Foods. An order was accordingly sought directing the first respondent to change its name and trading name.

1.1 In your discussion with Lucky Brands (Pty) Ltd, provide an explanation of the differences among a private company, public company, and personal liability company.

[15]

1.2 With regard to the facts of the case, advise Lucky Brands (Pty) Ltd on the process to be followed when registering a company name.

[10]