JUDGMENT :

Amit Bansal, J.

The present suit has been filed seeking the relief of permanent injunction restraining the defendant from the infringement of the trademark and copyright of the plaintiffs, passing-off and other ancillary reliefs.

Brief Facts

2. The case setup by the plaintiff is as follows:

3. Plaintiff no. 1, Retail Royalty Company and plaintiff no. 2, AEO Management Co., incorporated under the laws of the State of Nevada, United States of America are wholly owned subsidiaries of a common parent company, American Eagle Outfitters, Inc.

4. The parent company of the plaintiffs, since its foundation in 1977 has been engaged in the business of designing, marketing and selling readymade clothing, footwear, fashion accessories and related goods, around the world, including in India.

5. The plaintiffs are the proprietors of various trademarks including the Flying Eagle device mark [IMAGE] (hereinafter referred to as the “Flying Eagle mark”), that is used on and in relation to readymade clothing, footwear and related accessories. Over the years, the plaintiffs have also used a variation of the plaintiffs' mark [IMAGE], which features additional serrations on the right wing. The Flying