30 Sept 2025
Industria De Diseno Textil S.A. (Inditex, S.A.) House of Zaira Sdn. Bhd.
- Citation
- WA-24IP-5-01/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24IP-5-01/2025 (Mahkamah Tinggi)
The Registrar erred by failing to apply the settled holistic and imperfect recollection tests and by giving undue weight to peripheral stylisation; the dominant verbal element ZAIRA is visually and phonetically near-identical to ZARA, the parties' goods and trade channels overlap, ZARA is well-known in Malaysia with prior use, ZAIRA lacks distinctiveness and the defendant is not a bona fide proprietor; accordingly the Registrar's decision dismissing the opposition is reversed and the oppositions are allowed, with the defendant's applications struck off.