Brands: The power of trade mark registrations - the ZINC restaurant case

United Kingdom
ZINC restaurant case

Sir Terence Conran, restaurateur and proprietor of a registered trade mark for ZINC (unused at the time of the action) succeeded in obtaining on summary judgment a very wide ranging injunction to prevent another restaurant from using the names ZINCBAR, ZINC, ZN, SINC and SYNC. The Court held in particular that the idea of the mark ZINC plainly included ZN as the chemical symbol for zinc and that the words SYNC and SINC were sufficiently close to be included in the order. Because the infringement had been innocent and because there had been early settlement discussions, an account of profits was considered inappropriate. The case illustrates the power of trade mark registrations, particularly where there has not even been any trading under the mark by the proprietor.