Zara wins the litigation against her Italian word 'twin', Le Delizie Zara. The European Court of Justice (CJEU) has given the reason to Inditex, which had requested the European Union Intellectual Property Office (Euipo) to register its most famous brand for products related to food and catering in 2010. But now There was another Zara specialized in fresh pasta, dried, frozen and prepared in Italy, which was not liked by the intention of the textile giant.
In fact, the parent company of this company (Ffauf Italia) opposed the registration of the Spanish brand, alluding to the risk of confusion among consumers. Euipo partially estimated the Italian's claim in December 2014, after Inditex requested Le Delizie Zara to prove the effective use of its brands. Both companies appealed the resolution because they were not satisfied.
Three years later, the European Intellectual Property Office issued a new verdict where it became clear that Le Delizie Zara had demonstrated the effective use of its brand for products such as pasta in all its forms, tomato puree, rice, flour, vinegar or juice. , and also confirmed that there was a risk of confusion between the Inditex group brand and the Italian brand. He rejected the appeal of the textile giant. Not satisfied with the result, Inditex took the case to the European Court of Justice (CJEU).
This Wednesday, that court annuls the verdict of the Euipo, who will have to issue a new opinion in the coming months, and throw a cape to Inditex in a conflict that goes back to 2010. The future resolution can open the door to the Zara registry in food, a completely unexplored sector for Inditex, although its request to the European Intellectual Property Office is more focused on the defense of its brand in European territory. Contacted by this newspaper, the company founded by Amancio Ortega prefers not to comment.
According to the judgment of the CJEU, the conclusions of the European Intellectual Property Office are "equivocal and imprecise". In addition, the court questions that the documentation provided by Ffauf Italia was sufficient to prove the effective use of its trademarks.
Inditex had requested the registration of its brand for fruits, vegetables, canned, frozen, dried or cooked vegetables, jellies, jams, compotes, dairy products, oils, edible fats, rice, flours, cereal-based preparations, bread , pastry products, yeast, baking powder, salt, mustard, sauces, spices, rice-based snacks, fresh vegetables and juices, as well as sales services in shops, online, by catalog, by mail, by telephone, through radio or television, catering services, self-service or coffee shops.