Only The Brave wins counterfeit case against Zara

Diesel and Marni parent company Only the Brave (OTB) has won a preliminary court case against Inditex, for a violation of copyright design.

In 2015, Renzo Rosso's group started proceedings against the Spanish group regarding the infringement by the Zara brand of the registered design of the Diesel Skinzee-Sp jeans model, and another of a shoe model by Marni.

As reported by The Fashion Law, Inditex claimed that there were "material differences" between its design and that of Marni and that the registration for Diesel Skinzee-SP jeans is not valid due to the lack of originality. Moreover, the company added that even if it was found guilty of any violation, the Court of Milan could not force it to compensate for damages as it is a Spanish company that is not based in Italy.

The court, however, scored a 'precedent', recognizing the reasons for OTB, and ordered Inditex to withdraw the goods in question in order to avoid the risk of having to pay 235 dollars for each product left on the market.

"This is the first decision in Europe, reports a note released by Dentons, the law firm that assisted OTB, which confirms the possibility of applying for damages for a design case registered and not registered in a jurisdiction different from that of the principal accused, in this case Spain."

"It is a historical judgment, even if still subject to appeal, opens new options for the enforcement of intellectual property rights within the European Union."

Photo credit: Diesel, source: Diesel online store

 

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