High Court of Delhi

Retail Royalty Company v. Pantaloons Fashion & Retail Limited and Ors.

MANU/DE/2805/2015

23.09.2015

Intellectual Property Rights

Court declines exclusive use of ‘Eagle’ in trade mark

In a case where Pantaloons was found to be riding on the goodwill of the Plaintiff in respect of its trade mark ‘American Eagle Outfitters’ and ‘American Eagle’, the Delhi High Court held Pantaloons could continue to sell its line of clothing with the trade mark ‘Urban Eagle’. It noted that the trade mark was sufficiently different to Plaintiff’s and the public interest involved was low; the Court may have taken a different stand if pharmaceutical goods or medicines were involved. Though sufficient distinction was also found between Plaintiff’s device of a swooping eagle and Defendant’s “taking off or a flying eagle”, it was said to not be an original artistic work sufficing for copyright vesting in the Plaintiff.

Relevant

Marico Limited Vs. Agro Tech Foods Limited MANU/DE/3131/2010

Swooping or Flying?

Tags : Pantaloons eagle trade mark american

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