The ‘Pronunciation’ At The Core Of Phonetic Similarity

International luxury brands are increasingly tapping into India's rich cultural heritage as they begin to expand in one of the most promising markets. Some of the international luxury brands such as Etro, Canali and Ermenegildo Zegna have been increasingly rolling out India inspired products to woo a growing tribe of young entrepreneurs and executives that is driving a boom in the Indian luxury market. And all this with a firm eye on their intellectual property rights. Lately, the Delhi High Court while hearing an application for interim injunction in Consitex S.A. versus Kamini Jain & Ors 2011 (47) PTC 337 (Del) was faced with the question that whether the mark ZEGNA, pronounced as ZEN-YAH in the trade, is deceptively similar with the mark JENYA? Consitex S.A, a part of the Ermenegildo Zegna Group manufacturing luxury clothing for men, had filed a suit for permanent injunction restraining Ms Kamini Jain and Kamini Creations from manufacturing, storing and selling men