Zoomp, a Brazilian clothing company founded in 1974 in the city of Barueri, state of São Paulo, known for its jeans and its yellow bolt of lightning trademark, registered in Brazil since 1977, sued the fast fashion chain Zara for trademark violation.
The lawsuit was filed on April 03, 2012, at the Barueri district court (Case No. 068.01.2012.015886-0). According to Zoomp, the bolt of lightning showcased in Zara's windows could case confusion among consumers and is an act of unfair competition, given that both companies are active in the same market segment, i.e.: clothing retail.
Zoomp requests that Zara immediately stops using its trademark and the penalty of a daily fine of R$10,000.00 (approximately US$5.000,00).
Yesterday, April 16, 2012, judge Raul de Aguiar Ribeiro Filho from the 3rd lower civil court of Barueri, granted Zoomp's request of advanced relief and ordered Zara to refrain from using the bolt of lightning object of trademark registration no. 006524605 under the penalty of a daily fine of R$5,000.00 (approximately US$ 2.500,00) per store.
Zara will be notified of the lawsuit and of the decision and will have 15 days to present its defense, but the company's PR has already informed that Zara never had the intention of copying Zoomp that the decision will be fully complied with.
We'll keep you posted of further developments.