Does Zara really need to plagiarize an unknown Cuban brand?

August 29, 2019

Zara, the company of Amancio Ortega is back in the news for copying slogans from the Clandestina brand

"Actually I'm in Havana". This is the phrase that can be seen printed on one of the t-shirts from Clandestina, a clothing brand created by Cuban Idania del Río and Spanish Leire Fernández in 2015.

But, is it the only brand that has this type of slogans attached? Recently, Zara has launched a new collection in which one of its t-shirts contains a very similar phrase: "Mentally I'm in Havana". Are we facing a case of plagiarism or is it simply a strategy by the Cuban brand to gain notoriety?

Some of Clandestina's customers, foreigners from the island, have uploaded photographs on social media of Zara t-shirts with phrases very similar to those of this brand. "The most obvious of all is 'Actually I'm in Havana'", says Idania del Rio, designer of the firm. "It's not a literal copy, they changed one word, but the meaning is the same. They didn't change Havana for Beirut", she ironizes.

To defend itself from the alleged 'plagiarism', Clandestina has launched its own slogan on social media: "Actually, Zarita you have to stop". The Inditex Group, owner of Zara, has given no response. Does it want to downplay the matter? Silence is sometimes the best defense strategy.

"This is a serious situation that affects many small entrepreneurs", laments del Rio. Her lawyers warned her that a legal process could be tedious. "Zara is very good at protecting itself from this type of lawsuits, it would only add problems", clarifies Fernández. What do these words mean? Will there finally be no lawsuit? Is it then just a campaign to make noise?

We do not know the veracity of the facts, but what is certain is that this type of tactic benefits whoever promotes the campaign, in this case Clandestina. A tactic that tarnishes the image of Zara, but being such an international firm, no apparent damage is even perceived. If that were the case, the company would have already launched legal actions to defend itself, but it has not said a word.

After receiving numerous photographs showing plagiarism, Clandestina took advantage of the situation to come to light. Now Clandestina is not just a store in the interior of Havana, but is known worldwide thanks to its ingenuity. It is too small to compete with Zara, but it has managed to use its weapons to gain notoriety, whether they copied it or not.

On the other hand, this is not the first case that has come to light about Zara plagiarizing another company. In 2015, the Italian group OTB, owner of Diesel and Marni, sued the Spanish brand for plagiarism of sandals and jeans. After a long legal battle, OTB won the war. The immediate consequence is that Zara had to withdraw the products from the market.

WHO IS CLANDESTINA?

The brand has a store in the heart of Cuba's capital, Havana. It receives dozens of visitors daily, being one of the most coveted stores by tourists. To adapt to the situation on the island (United States Embargo since 1962), the firm recycles clothing and, sometimes, they even come from second-hand garments.