Marico Limited vs Agro Tech Foods Limited on 1 November, 2010
In my prima facie opinion, though the
word "EAGLE" has been adopted by the
plaintiff with respect to clothing, however I
refuse to allow exclusive appropriation of the
word "EAGLE" to the plaintiff, inasmuch as,
unfortunately there is not only one eagle in
this world and eagle as a name cannot be
allowed to be appropriated exclusively by any
one producer of any type of goods similar to
the position that a descriptive word mark
cannot be allowed to be exclusively
appropriated by a manufacturer and/or a
seller vide Marico Limited Vs. Agro Tech
CS No. 269/19 Retail Royalty Company & Anr. vs. Al Ahmad Frozen Foods Pvt. Ltd. . Page 6 of 12
Foods Limited, 2010 (174) DLT 279. Also,
during the course of trial it will be examined
whether plaintiff has first used the word
"EAGLE" or there would be other persons
who have already used the word "EAGLE"