design infringment

THE FIRST ROUND OF THE BATTLE DIESEL/ZARA GOES TO...

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Otb, the group founded by Renzo Rosso, which includes brands such as Diesel, Maison Margiela and Marni, recently won a judgment before the Milan court against the Inditex group that controls the well-known Zara brand. The company founded by Renzo Rosso has seen to welcome from the Court of Milan its arguments sustained in the case started in 2015 against the Spanish company, accused of having reproduced with the Zara brand of jeans produced by Diesel and sandals designed by Marni.

Although the Iberian group supported the existence of substantial differences between its own products and those of Otb, claiming the impossibility of the Court award damages being a foreign company without headquarters in Italy, the judges decreed violation of the registered design of the Skinzee-sp jeans model and the unregistered design of the Fussbett footwear.

It is not the first time that the Iberian group is involved in such accusations. Just over a year ago, the Danish "Rains" label specializing in rainwear has brought a lawsuit to Inditex in front of the Danish Commercial Court for breach of design and unfair competition by requesting the immediate termination of the sales of an allegedly infringing model and the compensation for damages for the loss of the corresponding profits.