Pronunciation is at the core of phonetic similarity

By Manisha Singh Nair, Lex Orbis
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International luxury brands are increasingly tapping into India’s rich cultural heritage as they begin to expand in one of the world’s most promising markets. International luxury brands such as Etro, Canali and Ermenegildo Zegna have increasingly been rolling out India-inspired products to woo a growing tribe of young entrepreneurs and executives that is driving a boom in the Indian luxury market.

They have been doing this with a firm eye on their intellectual property rights.

Lately, while hearing an application for an interim injunction in Consitex SA v Kamini Jain & Others, Delhi High Court was faced with the question of whether the mark Jenya is deceptively similar to the mark Zegna, the correct pronunciation of which is zen-yah.

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Manisha Singh Nair is a partner at Lex Orbis, an intellectual property practice law firm headquartered in New Delhi

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