This kind of scenario is not unusual: ZARA is a household name in clothing worldwide, and associations may arise even between disparate product categories. Inditex succeeded initially, but on appeal, the court determined that although there is some similarity in the marks, clothing and pasta are unlikely to confuse consumers. Notably, the court stressed Ffauf’s earlier, genuine, and good-faith use—which included decades’ worth of previous registrations, honest business operations, and usage in brochures and packaging. In this case, historical rights trumped any new association. The result: a valid reason for coexistence, even if today’s consumer might draw a mental link.
