Recently, the Delhi High Court granted a permanent injunction in favour of Harley-Davidson LLC in a trademark and copyright infringement case over the deceptive use of its iconic 'Eagle' logo on footwear. The Court held that the defendant had misappropriated the brand’s identity and observed that the impugned mark was “structurally and visually similar,” creating a clear likelihood of consumer confusion.
Brief Facts:
The American motorcycle company Harley-Davidson LLC, also engaged in the sale of apparel, accessories, and footwear, approached the Delhi High Court alleging infringement of its registered trademarks, including its distinctive 'Eagle' device/logo. The plaintiff claimed that the 'Eagle' logo had been in continuous and extensive commercial use since the 1930s and had acquired distinctiveness and goodwill globally, including in India, through over 2200 trademark registrations.
According to Harley-Davidson, the defendant was found to be manufacturing and selling shoes under the brand name 'Rontex', which bore a deceptively similar 'Eagle' logo. These infringing goods were reportedly being advertised and sold through major e-commerce platforms, such as Amazon and Flipkart. Pursuant to a Court order, a Local Commissioner conducted a raid on 5 September 2023 and seized 640 pairs of shoes bearing the infringing marks.
Contentions of the Plaintiff:
The plaintiff submitted that the defendant had not only copied its 'Eagle' logo but also mimicked the outline of its registered 'bar and shield' device, altering only the words to read 'Sports Casual' instead of 'Harley-Davidson Clothes'. Harley-Davidson argued that the similarities were likely to mislead consumers into believing that the defendant’s goods were affiliated with or endorsed by the plaintiff, thereby resulting in unfair commercial advantage and dilution of their trademarks and artistic works.
Observation of the Court:
The bench of Justice Amit Bansal observed that despite having knowledge of the proceedings, the defendant failed to appear or file a written statement. Accordingly, the matter proceeded ex parte and was adjudicated through summary judgment.
The Court, upon comparing the logos, found that the impugned mark was almost identical to Harley-Davidson's registered device. It observed, "The impugned logo is structurally and visually similar to the plaintiff’s 'Eagle' device/logo. The defendant has not only copied the bird but also the contour of the bar and shield, with mere substitution of words."
The Court further remarked that, "The degree of imitation suggests a deliberate attempt to ride upon the goodwill and reputation associated with the plaintiff’s brand. The adoption of the impugned mark is clearly intended to cause confusion among consumers and to derive unjust enrichment."
The decision of the Court:
The High Court granted a permanent injunction restraining the defendant from manufacturing, selling, advertising, or distributing any goods bearing the impugned marks. Additionally, the Court directed the defendant to pay Rs. 5 lakhs as costs and damages to Harley-Davidson.
Case Title: H-D U.S.A., LLC. vs. Vijaypal Dhayal, Owner/ Proprietor of Red Rose Industries
Case No: CS(COMM) 609/2023 & I.A. 42209/2024
Coram: Justice Amit Bansal
Advocate for Petitioner: Adv. Ranjan Narula, Shakti Priyan Nair, Parth Bajaj
Advocate for Respondent: Adv. Arnav Goyal
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