Industria de Diseño Textil, S.A. (INDITEX, S.A.) v. Sarah Lavoine SAS

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

Case details

Case no.: R1526/2018-2

Jurisdiction: European Union

Industry: Fashion

Decision date: 27 Mar, 2019


There is no likelihood of confusion (LOC) as the signs are dissimilar overall. For the relevant goods the visual perception is crucial, thus the slight phonetic similarities are not sufficient for an overall finding of similarity. The earlier mark ZARA has enhanced distinctiveness for some goods but this does not lead to LOC. As regards Art. 8 (5), the earlier mark is reputed for some goods but no link would be established between the conflicting signs.

Comparison of Trademarks


Bleu Sarah