Sun International wins ruling ordering Times Square Hotel name change
The Companies Tribunal found the hotel’s name too close to Sun International’s Time Square brand, which includes its Pretoria casino and entertainment complex.
Key takeaways:
- Sun International, the South African gaming and hospitality group that operates Time Square Casino in Pretoria, secured a Companies Tribunal order requiring Times Square Hotel (Pty) Ltd to adopt a different registered name.
- The dispute centres on Sun International’s “Time Square” trademark and the respondent’s “Times Square Hotel” name, with the key visible difference being the added “s” in “Times”.
- The Tribunal found “Times Square” was the dominant and memorable part of the respondent’s name and described the two names as near-homophones in everyday speech.
- The Tribunal found the similarity created a real and substantial risk of confusion and could lead the public to believe the hotel company was associated with Sun International.
- Times Square Hotel (Pty) Ltd has three months from being served with the order to change its name, while CIPC must replace the company name with its registration number if it fails to comply.
South Africa.- South Africa’s Sun International has secured a Companies Tribunal order requiring Times Square Hotel (Pty) Ltd to adopt a different registered name after the Tribunal found the company’s name was confusingly similar to Sun International’s Time Square trademark, which is associated with its Time Square Casino and entertainment complex in Pretoria.
The Tribunal handed down the ruling on September 1 after Sun International challenged the Durban-registered company’s name, arguing that its similarity to the gaming group’s Time Square brand could mislead the public into believing the businesses were associated, according to Business Day.
At the centre of the dispute are the names “Time Square” and “Times Square Hotel”. Sun International objected to the name of the separately registered company, arguing that it was too similar to its registered Time Square trademark and could wrongly suggest a connection between the two businesses.
The Tribunal found that “Times Square” was the dominant and memorable element of the respondent’s name. It said the difference between “Time Square” and “Times Square” was insignificant, describing the names as near-homophones in everyday speech. The Tribunal found the risk of confusion to be real and substantial.
The Tribunal also found that the name could reasonably mislead a person into believing that Times Square Hotel (Pty) Ltd was associated with Sun International.
Sun International operates Time Square Casino and the wider Time Square entertainment complex at Menlyn Maine in Pretoria. The casino forms part of the group’s gaming and hospitality operations, alongside restaurants, entertainment facilities and a hotel.
Sun International’s hotel at the complex is also called Time Square Hotel and was renamed from The Maslow Time Square on February 5, 2026.
Tribunal orders name change
Importantly, the Sun International Time Square Hotel and Times Square Hotel (Pty) Ltd are separate businesses. The Tribunal’s order concerns the latter company’s registered name.
Times Square Hotel (Pty) Ltd was registered on August 19, 2024, with its registered office in Umhlanga, Durban. Sun International filed its application on July 13, 2026, after previously corresponding and holding discussions with the company’s director about changing the name.
The company was required to respond by August 13 but did not participate in the proceedings. Sun International subsequently applied for a default order on August 19.
The Tribunal ordered Times Square Hotel (Pty) Ltd to adopt a new name that does not consist of, incorporate or remain confusingly similar to Sun International’s Time Square trademark.
The company has three months from the date it is served with the order to change its name and amend its memorandum of incorporation. If it fails to comply, CIPC must replace the company’s name on the register with its registration number until a compliant name is adopted.
The ruling follows similar proceedings in September 2022, when Sun International’s objections against Times Square Ballito, Times Square PMB and Times Square Cape were upheld. In those cases, the Tribunal also found that adding an “s” did not sufficiently distinguish the names from Sun International’s trademark.
Frequently asked questions (FAQs)
- Why did the Companies Tribunal order Times Square Hotel (Pty) Ltd to change its name? The Tribunal found “Times Square” was the dominant element of the name and almost indistinguishable from “Time Square” in everyday speech. It said the name could reasonably mislead people into believing the company was associated with Sun International.
- Does the ruling affect Sun International’s own Time Square Hotel? No. The two hotels are separate businesses, and the order only concerns the registered name of Times Square Hotel (Pty) Ltd. Sun International’s hotel at Menlyn Maine in Pretoria was renamed from The Maslow Time Square on February 5, 2026.
- How long does the company have to change its name? It has three months from the date it is served with the order. If it does not comply, CIPC must replace the company’s name on the register with its registration number until a compliant name is adopted.
- Has Sun International won similar name disputes before? Yes. In September 2022 the Tribunal upheld its objections against Times Square Ballito, Times Square PMB and Times Square Cape. In those cases it also found that adding an “s” did not sufficiently distinguish the names.
