Delhi High Court Permanently Restrains Footwear Seller From Using Harley Davidson's 'Eagle Logo', Imposes ₹5L Costs

The motorcycle manufacturer, Harley-Davidson LLC (plaintiff) also manufactures a wide range of products including shoes, apparel and accessories. It uses various logos including the Eagle logo/device mark logo to market its products.

Harley-Davidson stated that due to continuous and extensive use since the 1930s, the distinctive features, trade dress, get-up, layout, and placement of its Eagle Logo has become a a source identifier of its products.

It stated that its products are sold in over 90 countries and that it holds over 2200 trademark registrations. It submitted that is also obtained several registrations for its different trademarks/names/devices in India.

Harley-Davidson submitted that the defendant was supplying and selling footwear under the brand name 'Rontex' bearing an Eagle logo, which is deceptively similar to its logo. It stated that the defendant is advertising and conducting business with impugned products through third-party platforms such as Amazon and Flipkart.

On 5 September 2023, the Local Commissioner visited the premises of the defendant and found a total of 640 pairs of shoes bearing the infringing marks and logos.

On 25 September 2023, the Court had granted an interim injunction in against the defendant, restraining them from stocking, supplying, selling, or marketing in any manner including online sale or dealing in footwear or any other products under the impugned mark/logo.

Justice Amit Bansal proceeded with a summary judgment as no written statement was filed by the defendant.

Comparing the two logos, the Court observed that the impugned logo is almost identical to Harley-Davidson's Eagle logo. It noted that the impugned logo is structurally and visually similar to that of Harley-Davidson.

It noted that the defendant not only copied that eagle but also copied the outline of bar and shield logo of Harley-Davidson. It stated that the defendant merely replaced the words 'Harley-Davidson Clothes' with 'Sports Casual' while adopting the impugned mark.

It stated that there is a likelihood that the consumers would associate the impugned products with that of Harley-Davidson. It observed that the defendant took an unfair advantage of the reputation and goodwill of Harley-Davidson's trademarks/artistic works.

The Court was thus of the view that a case of trademark and copyright infringement was made out.

It issued a permanent injunction in favour of Harley-Davidson, restraining the defendant from dealing with the impugned products. It further imposed costs and damages of Rs. 5 lakh on the defendant, to be paid to Harley-Davidson.

Case title: H-D U. S. A., LLC vs. VIJAYPAL DHAYAL OWNER/ PROPRIETOR OF RED ROSE INDUSTRIES (CS(COMM) 609/2023)