Donburi or dog’s dinner? Zuma versus Dine in with Zuma

The Intellectual Property Enterprise Court has found that the reputation of a high-end Japanese restaurant’s trademarks would be tarnished by use of the same name on dog food, regardless of the latter's human-grade ingredients, and that the own name defence could not succeed when deployed by a dog. The case demonstrates how the courts will readily provide protection where the substantial reputation enjoyed by a high-end brand is affected by a defendant’s use in a rather different arena.