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