Supreme Court: Police May Freeze Bank Accounts under S.102 CrPC in Prevention of Corruption Cases  ||  SC: Arbitrator’s Mandate Ends on Time Expiry; Substituted Arbitrator Must Continue After Extension  ||  SC: Woman May Move Her Department’s ICC For Harassment by Employee of Another Workplace  ||  SC: Women’s Representation Requirement Applies to All Bar Associations in Gujarat  ||  SC: Contempt Power isn’t Judges’ Personal Shield nor a Tool to Silence Legitimate Criticism  ||  SC: Statutory Corporation Can Deduct under S.36(1)(viii) Only for Income from Long-Term Finance  ||  NCLT Kolkata: Costs for Compromise or Arrangement Scheme not Part of Liquidation Expenses  ||  NCLT Ahmedabad: Complaints Against Auditors or Company Secretaries Not Grounds for Company Probe  ||  SC: NCLT Can Forfeit Entire Deposit if Purchaser Defaults on Payment for Liquidation Assets  ||  Meghalaya HC: Non-Signatory or Non-Existent LLP Cannot Claim Arbitration via Group of Companies    

Retail Royalty Company v. Pantaloons Fashion & Retail Limited and Ors. - (High Court of Delhi) (23 Sep 2015)

Court declines exclusive use of ‘Eagle’ in trade mark

MANU/DE/2805/2015

Intellectual Property Rights

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

Tags : PANTALOONS   EAGLE   TRADE MARK   AMERICAN  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved