The Delhi High Court restrained a domestic hotel and hospitality service provider from using the word ZARA or any other word deceptively similar to the Plaintiff’s trademark ZARA in relation to the restaurant services provided by them.
Spanish fashion and lifestyle products manufacturer known in the market place for its brand ZARA (Plaintiff) alleged that defendant’s illegal and unauthorized use of the mark ZARA TAPAS BAR for restaurant services is calculated to deceive the public into believing that defendant’s services are those of theirs or are in some way connected or associated with them.
“There is no manner of doubt that there is deceptive similarity between the mark ZARA of the Plaintiff and the mark ZARA TAPAS BAR, the way it is being used by the Defendants”, the Court said.
Holding that the Defendants adopted their trademark from ZARA dishonestly and fraudulently, the Court said, “it cannot be said to be an honest adoption entitling Defendant no.1 to its concurrent user. If the Defendants did not want to ride on the Plaintiff’s reputation, they would have not used the word ZARA prominently in the words ZARA TAPAS BAR or ZARA, the Bar and Restaurant.”
The Court also accepted that ZARA is a well-known trademark and has trans-border reputation.