Fashion Identity By reComparison Contributor Difference between Urban Outfitters and American Apparel Shopping for clothes is never easy, and the huge selection of stores out there makes the task just a little bit harder. Of course, it is better to have plenty of choices than none, and here we compare two of the most high profile names in the casual clothing industry today, Urban Outfitters and American Apparel. It seems that the company somehow has the knack of producing clothes that accentuate the best qualities of a person's body, and downplay the faults.
Brief facts of the Case The Plaintiff and Defendants are both engaged in, inter alia, the premium clothing retail sector. The Defendants are themselves one of the largest groups of industries in India and therefore they cannot claim ignorance with respect to the trademarks of the Plaintiff much less for the same line of specialized goods being casual clothing.
It is not as if the Defendants are in the market for a long time and the Plaintiff has approached the Court with delay, noting that Courts look at issues differently where the Defendants are producing goods for a reasonable long period of time as compared to a case where the Defendants have recently entered into the market or are yet to enter into the market.
Relying on Marico Limited v. In the said Reply, the Plaintiff had argued that the well-settled judicial principle of entirety envisages that marks should not be segregated for the sake of unwarranted comparison, and that while deciding the question of similarity between two marks, the marks have to be considered as wholes, and meticulous or fragmentary comparison is not the correct way.
The Plaintiff had further argued that upon such consideration as above, the cited marks, when compared with the subject mark, are phonetically, visually, structurally and conceptually dissimilar and distinguishable from the subject mark. Also, an issue of public interest will not be raised in the present case where the goods are only clothing, as opposed to certain cases where grave public interest would be involved such as the case of pharmaceutical goods or medicines.
Obviously, there is bound to be some sort of similarity between two devices which uses an eagle, however, it cannot be said that the device of the swooping eagle is identical or deceptively similar to an eagle which is taking off or flying higher. The argument of the Plaintiff that it has a copyright in their device of swooping eagle and the Defendants therefore cannot use its device of eagle is also misconceived for the reasons stated above.
Moreover, Section 13 of the Copyright Act, states that copyright is only with respect to an original artistic work and a swooping eagle device cannot by any stretch of imagination be said to be an original artistic work to be a subject matter of copyright as claimed by the Plaintiff.
The next date of hearing in this matter has been fixed on December 15, Concluding Remarks A registered trademark provides the exclusive rights to use a trademark against others, but only in the form in which it is applied and registered.
In case of a composite trademark, which has various distinctive and non-distinctive elements, the right to take action against an infringer is limited to the extent that the distinctive part of the trademark is misused by the infringer.
Therefore, the pertinent questions here are, what happens when a part of trademark is misused and how can the proprietor take action against the infringer. Section 15 of the Trade Mark Act, covers the registration of parts of trademarks, where the trade mark consists of more than one feature, and for claiming exclusive right of all such features separately, one has to seek registration for each such part as a separate trademark which shall be examined independently to determine whether it can be registered or not.
Section 17 of the said Act states the effect of registration of parts of a mark and states the general proposition that registration confers on the proprietor the exclusive right to use the whole trade mark.
Therefore, if the proprietor desires statutory protection for exclusive use of any part of the trade mark, then he has to apply to register that part as a separate trade mark. Further, any part of the trade mark containing a matter which is common to the trade or is of non-distinctive character will not be allowed registration.
However, if the applicant is able to adduce evidence of acquired distinctiveness for such part, he may then rightly claim exclusive right for that part of the trade mark, even if it has not been separately registered.
Ashok Chandra Rakhit Ltd. AIR SC which held that the proprietor cannot restrain others from either using any part or word independently or in combination with other words.
However, if the proprietor acquires any right by long use of those parts or words in relation to his trade, he may claim exclusive right over the same and prevent exploitation of his mark.
The aforesaid Orders dated September 21 and September 23, can be accessed here and here respectively.American Eagle vs. Urban Outfitters Essay. American Eagle Vs Urban Outfitters Introduction Financial ratio’s / accounting ratio’s are best described as being “the relative magnitude of two or more selected numerical values taken from an enterprise’s financial statements (Libby, Libby, Libby & Short, ),” in order to evaluate the overall financial condition of a business.
To work out an acceptable business arrangement, representatives of American Eagle Outfitters (“American Eagle” or “AE”) and Lyle and Scott, Ltd.
(“Lyle & . Urban Outfitters Accounts BAD 1 Group project John Reedy, Savannah Warner, Barrett Schultz, Graham Culver & Catherine Smith Urban Outfitters American Eagle Part 3 Analysis Return on equity *Financial Leverage percentage = R.O.E - R.O.A. Urban Outfitters is outperforming competitors in a tough environment, and this is a great indication about management quality and brand strength.
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In this paper, we compare Urban Outfitters and American Eagle against each other as well as against the industry standard. The main categories of ratios used for comparison are used to determine liquidity, efficiency, financial, profitability and dividend.
Jan 02, · According to one Jefferies analyst, the road for retailers like Urban Outfitters, American Eagle and Ann Taylor will improve in , but the struggling Aeropostale and Abercrombie & Fitch could. The Plaintiff is stated to be the owner of the trademarks AMERICAN EAGLE OUTFITTERS / AMERICAN EAGLE. The Defendants are stated to be using the trademarks URBAN EAGLE AUTHENTIC OUTFITTERS. Court’s Ex-Parte Interim Order dated September 21, In this paper, we compare Urban Outfitters and American Eagle against each other as well as against the industry standard. The main categories of ratios used for comparison are used to determine liquidity, efficiency, financial, profitability and dividend.