Protection To Marks With Trans-Border Reputation Well Recognized In India

Co-authored by Mr. Saif Rahman Ansari, fourth year student of B.Tech LL.B from UPES College of Legal Studies, Dehradun

On 19th May, the Delhi High Court passed an interim order in the matter of Industria De Diseno Textile Sa v. Oriental Cuisines Pvt. Ltd. and ors., which once again strengthened the protection for marks with trans-border reputation in India. The case involved the renowned trademark ZARA (hereinafter as "Plaintiff"), an internationally known company for its clothing and accessories, who filed an infringement suit against a leading chain of Spanish cuisine restaurant ZARA TAPAS BAR (hereinafter as "Defendant") in Chennai and Kolkata for using a deceptively similar mark as its restaurant name.