The Delhi High Court refused to grant injunction in favor of American clothing company American Eagle Outfitters for the use of the word ‘Eagle’ by Aditya Birla owned Pantaloons Fashion & Retail Limited on their products.
The Court said that American Eagle Outfitters cannot be granted an injunction as they accepted before the Trademarks Registry that it is not the word ‘Eagle’ which is to be seen but composite marks ‘American Eagle’ and ‘American Eagle Outfitters’ which had to be seen and which are distinctive marks.
American Eagle Outfitters (“Plaintiff”) filed the trademark infringement suit against Pantaloons Fashion & Retail Limited (“Defendant”) for the use of the trademark ‘Urban Eagle Outfitters’ on their products. The Defendant already agreed not to use the word ‘Outfitters’ in their trademark.
The Court, however, restrained Defendant from using the ‘Eagle’ device (logo) as being deceptively similar to Plaintiff device.
“The distinction sought to be brought by the learned Single Judge referring to the appellant’s Eagle Device as a ‘swooping Eagle’ and that of the respondent/defendant as a ‘taking off or a flying eagle’ is too minute when we consider that the two devices would be viewed by a person of average intelligence with imperfect recollection and we must also bear in mind that when the test of deceptive similarity is employed, the two marks cannot be kept side by side, they are to be considered as if they have been viewed at different points of time”, the Division Bench said.