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House of Zana has won a trademark battle with fashion giant Zara which sought to change the local boutique’s name.
The Darlington-based owner, Amber Kotrri, was told the business was “conceptually identical” and “confusingly similar” for shoppers.
In May, Kotrri, told the hearing there was “no likelihood” of confusing the brands. Zara argued that the House of Zana trademark application should be refused because it was too similar in name, which could result in customers confusing one trademark for another.
However, a tribunal judge Matthew Williams has now ruled that the differences between House of Zana and Zara would be “too insubstantial and fleeting” to result in an “exploitation” of Zara’s reputation.
He said the average consumer won’t be confused, and therefore the name of the business can stay.
According to the Sky News, Williams said: “I accept that the choice of name is prompted by Ms Kotrri’s Albanian heritage and the idea of clothes manufactured with the magical delicacy of fairies, and I find no cynical motive in the use of the name.
“Even for those who, based on their perception of the similar component, call to mind the word Zara, I am not satisfied that the mental link would be more than fleeting.”
Retail Sector has contacted Zara for comment.
