Industria de Diseño Textil, S.A. (INDITEX, S.A.) v. Nittis OÜ

Industria de Diseño Textil, S.A. (INDITEX, S.A.)

Case details

Defendant: Nittis OÜ

Case no.: R1826/2016-5

Jurisdiction: European Union

Industry: Fashion

Decision date: 22 Aug, 2019

Decision

Although the opposition involving the same signs had been rejected, the application of invalidity is successful because of the high phonetic similarity of the signs in Lithuanian. This argument had not been put forward in the opposition proceedings and has been verified with relevant dictionary references confirming the pronunciation in Lithuanian.

Comparison of Trademarks

Zara