Rajya Sabha Passes the ‘Bharatiya Vayuyan Vidheyak, 2024’  ||  Del. HC: It’s a Disturbing Trend of Exploiting Social Media Platforms for Committing Sexual Offences  ||  Ori HC: State Can’t Question Maintain. of Suit for No Notice at Stage of Appeal if Not Done in WS  ||  Ker. HC: Can’t Call Putting Up Boards of Temples, Mosques on Busy Roads as Religious Practice  ||  P&H HC: If People are Allowed to Stay All Night at Bars and Pubs, it will Hamper Indian Society  ||  SC: NCR States to Ask Workers to Register Themselves on Portal for Receiving Subsistence Allowance  ||  Rajya Sabha Passes the Boilers Bill, 2024  ||  NCLAT: Authority Can’t Pass Adverse Remarks against RP Performing Duties as Per CoC’s Instruction  ||  Tel. HC: Teacher Eligibility Test Guidelines Framed to Ensure that Competent Persons are Recruited  ||  Ker. HC: Loss in Derivative Business Would be a Business Loss for Purposes of Section 72 of IT Act    

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 2024 - All Rights Reserved