The Advertising Regulations Board (ARB) of South Africa has ruled the Durban eatery operating under the name Zuma made a “deliberate attempt” to trade off the reputation of an internationally established brand of the same name, in breach of the Code of Advertising Practice governing advertising standards in SA, Global Japanese restaurant Zuma says.
The contemporary Japanese international restaurant group and lifestyle brand said it had lodged a complaint with the ARB about the Durban restaurant because it was using the name Zuma to provide identical services.
The decision by the Durban restaurant to mimic the Zuma brand in advertising and in statements to the media would probably cause deception or confusion, creating the impression that the two were associated.
The brand revealed what the ARB had stated in its ruling.
“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 benefiting therefrom.
“This becomes especially clear if one considers that in South Africa and especially in KZN, the word ‘Zuma’ is more likely to be associated with the former president, Jacob Zuma, who is not Asian.
“Naming a restaurant ‘Zuma’, therefore, is not a logical move for an Asian restaurant, unless the very intention was to imitate the Complainant.”
The statement further said: “The Zuma group appreciates the time and consideration of the ARB in this matter and that it will also continue to explore appropriate legal avenues to protect its brand and its internationally established reputation.”
Group CEO Sven Koch said the brand had been clear from the outset that the Durban restaurant was not affiliated to the 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,” said Koch.
David Manal, the owner of the Zuma restaurant in Durban, said the global brand was fighting a losing battle because he had the sole trademark in SA.
Manal said the ARB had no due restriction as neither of them was a member of the board.
Although he acknowledged his eatery had no affiliation to either the global brand or Jacob Zuma, he said the group had reached out to him to seek permission to open a franchise in the country.
“The international brand, Zuma, that they are trying to get in South Africa will not be able to get in here without my consent because I own the trademark of ‘Zhuma’ and that will create confusion. For them, it is a catch 21,” said Manal.
Commenting on the intention of imitating the brand and benefiting from it, he said: “When it comes to copying their style, as they say, that is not true. The food menu is different. They offer a traditional Japanese Izakaya style of informal eating and we infuse both the Mediterranean and Asian styles of food presentation.
“We do not need to be copying their style. There is nothing special about them. I am not going to allow them to come to this country because they will come to South Africa with their brand and offer our people nothing,” said Manal.
“I am going to fight this even if it takes years. They do not really scare me with their lawyers' letters. They need to fight me harder. I am very well educated when it comes to trademarks. It is going to be a long fight for them.”
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