The Applicant is Industria De Diseno Textil, SA (Inditex SA), a company duly, incorporated and registered in accordance with the laws of Spain, and having its principal place of business at 15142 Arteixo (A Coruna), Spain. The Applicant is the proprietor in South Africa of the trade mark ZARA in classes 3,9,14,158,24,25,28,35 and 42, details whereof are reflected in annexure “IBI” to the founding affidavit made by Ivan Barbera