May 25, 2022Share
A Darlington-based small business owner Amber Kotrri (House of Zana)was disputed by the High street giant Zara.
The lawyers of Zara have told Amber Kotrri that her business was "conceptionally identical".Where Amber defends her business by saying there is "no likelihood" of confusion in identifying brands.
During the hearing, Zara's attorney submitted that the trademark of Mrs kotrri (House of Zana) should be refused due to the similarity of the name. House of Zana trademark might confuse the customers in identifying one trademark for another. Zara's attorney argued that there was a "high degree of visual and oral similarities" between the two brands.
Amber defended their brand by saying the claim put forth by Zara was not reasonable or fair.
Ms. King argued that the brand Zana was "one small brush mark" away from Zara and the prefix "House of " is a term used commonly to refer to the fashion business and that prefix is used by many parties.
She said that the brand 'Zana" has no distinctiveness and poses a "serious threat" to the brand "Zara".They don't want similar-looking and sounding brands to crowd the market which might dilute and damage their reputation.
Amber Kotrri agreed that Zara had a global reputation but denied the fact that their brand is similar to her business Zana. She told '' "My business has never been referred to as Zana without the words 'House of', my opponents claim there is a high degree of similarity but they are ignoring the brand as a whole and that's 'House of Zana'.
"It has never been referred to as Zana, only ever as HOZ on my social media feeds."
She also added that Zara has no proof of evidence that consumers were misled and that there was no opposition.
In the coming week, a decision is expected on Mrs.Kotrr's trademark application.
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