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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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