Zegna – NJQ & Associates

Morocco – Conflict between MARIO ZEGNOTI and ZEGNA

NJQ & Associates — Sat, 07 Jun 2008 06:13:42 +0000

The Commercial Court of Appeal at Casablanca, Morocco, in the case No. 2006/6/7827 has issued its verdict No. 4614 dated 16 April 2008 that the trademark Mario Zegnoti owned by our client Mohammad Majed Saif (Limabond Ltd)) is not similarly confusing to Zegna, owned by Consitex S.A.

Moreover, after a full trial, the Commercial Court of Appeal has confirmed that using Mario Zegnoti by the defendant on the list of goods under class 25 does not represent a passing off or unfair competition by the plaintiff’s trademark.

Tunisia – Mario Zegnoti vs Ermenegil do Zegna

NJQ & Associates — Thu, 19 Apr 2007 09:30:05 +0000

Our client Mohammad Majed Saif (Limabond Ltd) filed an application for the registration of a trademark “Mario Zegnoti & head device” on 21 October 2004, under No. EE042171, in respect of goods in class 25.

On 25 January 2006, the application was published in the Trademark Journal.

The Italian Company Consitex S.A. filed an opposition against our client’s trademark based on confusing similarity with Ermenegildo Zegna, Zegna & others.

The Tunisian Patent Office (INOP) found that there is no basis for the opposition, and the possibility of confusing similarity does not exist, and decided to reject the opposition.

Saudi Arabia – Conflict Between Mario Zegnoti and Zegna

NJQ & Associates — Tue, 05 Dec 2006 09:12:14 +0000

On April 31st 2004, our client, Limabond Ltd filed a trade mark application for Mario Zignoti in class 25 in respect of all goods included in the class, namely ready-made clothes, men’s shirts, and women’s blouses, which was published on the 19th of August 2004 in the Official Gazette (Umm Al Kura), and was open for an opposition period of 90 days.

Consitex S.A and Lanificio Ermenegildo Zengna S.P.A. have filed an opposition against the said application based on confusing similarity with their prior registrations in Saudi Arabia and abroad of ZEGA, ZENA SPORT, Ermenegildo Zengna and their trade name Mario Zegna.

After several hearings, the court found that the likelihood of confusion did not exist, and issued its decision in our client’s favor.

Consitex S.A. appealed the decision before the Bureau of Grievance (The High Court of Justice).

Finally, after several sessions, the Bureau of Grievance issued its decision to reject the appeal and continue the registration procedures of our client’s trademark (Mario Zignoti).

Consitex S.A did not accept the decision and requested Special Panel of Supreme Court Judges to review the decision. In its turn, the Special Panel has confirmed the Bureau of Grievance judgment on the 5th of September 2006.