Court Sides with Zara, Says Safari Company's Trademark is Too Similar to Register
Andrei Mincov's commentary on the original article
The well-recognized rule is that the more well-known is the prior brand, the wider is the scope of trademark protection it is given. In other words, Zara did not win the case because fashion and travel are closely related. Zara won the case because it has a very distinctive brand that is well-known all over the world. Software and cosmetics seem to be completely unrelated, but try to launch and trademark a Microsoft brand of lipstick and you'll see what will happen and how long it will take. As I said, it's not just about the similarity of products and services. It's also about the strength of the prior brand.