The Advertising Regulations Board of South Africa (“ARB”) has ruled that a Durban eatery operating under the name Zuma made a “deliberate attempt” to trade off the reputation of an already internationally established brand of the same name and is in breach of the Code of Advertising Practice governing advertising standards in South Africa.
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.
The decision by the Durban restaurant to mimic the Zuma brand in advertising, and in statements to the media, is likely to cause deception or confusion, creating the impression that the two are associated.
According to the Code of Advertising Practice, advertisements should not contain any statement or visual presentation which could mislead the consumer.
The ARB said 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 benefitting 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.”
“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,” says Zuma’s CEO, Sven Koch
The Zuma group appreciates the time and the consideration of the Advertising Regulations Board in this matter. It will also continue to explore appropriate legal avenues to protect its brand and its internationally established reputation.
