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Court of Milan Upholds Counterfeiting Allegations Against Zara

2018/07/05

The Court of Milan has upheld counterfeiting allegations against fashion brand Zara. Presiding Judge Claudio Marangoni delivered the decision on January 25 and it was communicated to the parties on May 15.?Dentons, which represented Italian company OTB in the matter, shared the decision on June 28. OTB Group?is the owner of many fashion brands, including?Diesel?and?Marni. Its lawsuit against Spanish company?Inditex Group, owner of?Zara, alleged that certain Zara products were counterfeit versions of Diesel’s jeans and Marni’s footwear. Zara violated the registered Community design (RCD) of the ‘Skinzee-sp’ jeans, manufactured and sold by Diesel, and the unregistered Community design of Marni’s ‘Fussbett’ footwear, according to OTB. Marangoni rejected Inditex’s arguments, saying that Zara’s footwear product features “all the characteristic elements” of the ‘Fussbett’ design in such a way that the two products “cannot be distinguished”, and the fashion industry has “crowds of products with similar characteristics” and, as such, “even slight differences” are sufficient to give rise to exclusive design rights.
Source:WIPR



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