Durban restaurant mimics existing Zuma brand, rules ARB

The Advertising Regulations Board of South Africa (ARB) has made a new ruling regarding Durban-based restaurant Zuma.

The ARB claims that the restaurant made a deliberate attempt to trade off an internationally established brand that already exists internationally. 

Sunday World reported in 2022 that there was a dispute between the original Zuma trademark owners and the owners of the Durban restaurant, and that there were plans to take legal action regarding the infringement of trademark.


The ARB said the naming of the establishment is in breach of the code of advertising practice governing advertising standards in South Africa.

It further stated that the decision to name the Zuma brand in advertising and the media was likely to cause deception or confusion, insinuating that the two brands were associated.

In its ruling, the ARB said: “The directorate is persuaded that the advertiser consciously and deliberately chose to use the trade name ‘Zuma’ and not their registered trademark ‘Zhuma’, with the intention of imitating the complainant’s brand and benefitting therefrom.”

Zuma is a contemporary Japanese international restaurant group and lifestyle brand founded in 2002 by Rainer Becker and Arjun Waney. It operates 21 restaurants globally including in London, Hong Kong, Dubai, and New York.

The brand lodged a complaint with the ARB about the Durban restaurant, which opened in 2022, because it is using Zuma’s name to provide identical services.

Zuma CEO Sven Koch Said: “Zuma has been clear from the outset that the Durban restaurant is in no way affiliated with our brand.


“The ruling by the ARB makes it clear that there has been a deliberate attempt to mislead customers and profit off of our good name.”

The Zuma group said it would continue to explore other legal avenues to protect its brand and its reputation.

 

Also Read: Zuma Durban restaurant embroiled in trademark dispute

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