02/06/2013 11:16:00 AM EST
Fashion Giant American Eagle Seeks to Reign in Cab Company’s Use of Eagle Mark
Under federal
law, a person can't own an eagle. In fact, a person can't even own the
feather from an eagle. Federal law notwithstanding, nothing prevents a person
from owning the representation of an eagle, which is what American Eagle, the
fashion company, has done. American Eagle owns a copyright and trademark in its
"Flying Eagle" design.
Yesterday, American Eagle acted to prevent the potential endangerment
of its eagle mark. American Eagle filed a complaint
against American Cab Company, accusing the company of infringing its "Flying
Eagle" design and marks.
"From 2003 to today," American Eagle asserts, "AEO's various
wholly-owned operating companies have sold and provided billions of dollars in
clothing, accessories and services, and spent tens of millions of dollars
promoting those products and services, under the AEO Flying Eagle Design Marks ..."
American Eagle accuses American Cab of misappropriating the
Flying Eagle design/marks. American Cab allegedly
uses the design/mark on the sides of its taxi-cabs in Columbus, Ohio.
"The use by American Cab of the AEO Flying Eagle Design
Marks in connection with transportation services ... is likely to dilute by
blurring the distinctiveness of the AEO Flying Eagle Design Marks, and to
dilute by tarnishment the AEO Flying Eagle Marks by harming the reputation of
those marks," American Eagle argues.
....
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