THE ROCK DEMANDS E0.5M FOR IMAGE MISREPRESENTATION

MBABANE – Advertising on Google is now subject to litigation between two local entities whose trading names are almost similar.

The Rock (Pty) Ltd, trading as The Rock at Edwaleni is the plaintiff in the matter and is demanding a sum of E500 000 from The Rock Swaziland trading as The Rock at Ngwane Park for using its location, pictures and pictorial views in the form and through pictures to promote its business on their Google maps account and on Google. Contained in particulars of claim filed at the High Court, the plaintiff detailed that on or about November 1, 2023, the plaintiff, which is in the business of leisure and lodging, noticed that the defendant’s guest house at Ngwane Park was using its location, pictures and pictorial views in the form and through pictures to promote its business on their Google maps account and on Google.

It is alleged in 1/2 the court papers that the plaintiff then called the defendant’s guest house and asked to speak to its management. The plaintiff informed the defendant that it was using its location, views and pictures to promote its business. The plaintiff then advised the defendant that their conduct was unlawful and wrong as this was against the law and same constituted a misinterpretation as the plaintiff was suffering damages to its goodwill as it had the necessary trading reputation in the kingdom.

Unlawful

The court papers stipulate that the plaintiff told the defendant that such unlawful and wrongful conduct caused serious pecuniary loss and such conduct was the infringement of the plaintiff’s rights. “The defendant’s misrepresentation is false and was not authorised by the plaintiff and the former has not refrained from using the plaintiff’s name, images and consequently affecting the plaintiff’s goodwill,” read the court papers. The court papers further reveal that on or about April 9, 2024, the plaintiff received an email in its establishment, stating that it owed booking.com a sum of E24 825, which was overdue for invoices pertaining to bookings made through their website.

These are allegations whose veracity is yet to be tested in court and the defendant is yet to file its responding papers in the event they are disputing what is contained in the particulars of claim. The defendant, according to the particulars of claim, registered itself as an eatery and lodging establishment in the year 2023, under the guise of being the plaintiff in bookings.com website. “From the attached invoice from bookings.com website, the property IDs in question are 10917100 and 10494984, where over 66 guests had made bookings and reservations between the period from October 2023 and December 2024. The Rock under the guise “The Rock @Edwaleni’ whose property is ID 4226284531, only had eight bookings during the aforementioned period,” read the court papers.

The plaintiff, through the court papers, revealed that the defendant’s fraudulent conduct constituted a fraudulent misrepresentation, which was made intentionally with malicious intent and carefully calculated to cause the plaintiff financial prejudice. “The plaintiff’s trademark and business ventures have been infringed grossly by the mispresentation of its establishment name, pictures and websites to lure in guest and clients for the sake of swindling money from the applicant.

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