A major high street retailer has responded after it lost a legal challenge in court against an independent fashion boutique.
Businesswoman Amber Kotrri was forced to defend her House of Zana firm and its branding after ZARA objected to her trademark application.
The Darlington entrepreneur argued there was no similarity to ZARA’s brand name, but the high street trader refused to back down and said there was a risk "consumers will misread, mishear, mispronounce and/or otherwise perceive House of Zana as ZARA" and that the brand name "dilutes the distinctiveness and reputation the ZARA brand".
It argued that there are distinctive visual and oral similarities between the two brands, while shoppers will also assume the Darlington-based firm is part of the global chain.
Read more: Owner of Darlington's House of Zana relieved after ZARA legal battle
Defending her trademark application has been an education for Mrs Kotrri as she spent hours researching how to compile her legal argument ahead of the hearing in May. She also had to learn the basics of intellectual property law before appearing without professional representation at the hearing.
But despite confessing to months of anxiety and uncertainty over whether her argument was strong enough to convince the tribunal panel, the mother-of-two received the positive news last week.
The trademark ruling by Matthew Williams stated: “I am satisfied that the differences between the marks are sufficient to rule out the likelihood of direct confusion on the part of the average consumer.”
At the hearing, representatives for ZARA indicated they would be pursuing costs “at the upper end of the scale” if successful due to the alleged impact Mrs Kotrri’s branding has had on her business.
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However, responding to the ruling, a spokeswoman for Inditex, the parent company of Zara, said they supported the future of the House of Zana business.
"While we do not wish to comment on the judgment itself, we continue to wish Ms Kotrri and her business success in the future,” a statement read.
Read next:
- See inside Darlington fashion boutique House of Zana
- Darlington House of Zana owner's stress over Zara court battle
- ZARA's threat against Darlington firm may not prove popular
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