No connection
The Court agreed that Zara enjoys a strong reputation with broad protection. However, it disagreed with the Board’s earlier conclusion that consumers would associate the two brands. The similarity between the marks is limited, partly because pastaZARA includes distinctive visual elements. Moreover, clothing and pasta are completely different products.
Even though Zara is a globally known fashion brand, consumers seeing pastaZARA on supermarket shelves would not think of Zara, the Court held. The trademark registration for pastaZARA therefore stands.
Bas Kist
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