American Eagle Outfitters Loses UDRP Case

In a decision released June 3, American Eagle Outfitters has lost a UDRP case against the registrant of the domain name AmericanEagleStores.com. American Eagle Outfitters, Inc. and Retail Royalty Company v. Covanta Corporation, NAF Case FA465210 (June 3, 2005).

Panelist Charles K. McCotter Jr. determined that American Eagle Outfitters "failed to establish that the words 'American Eagle,' apart from the registered mark as a whole, have acquired a secondary meaning such that the relevant public exclusively associates the words with Complainant as a source of services. Id. Nor has Complainant established secondary meaning in the phrase 'American Eagle Stores'."

So far Respondent Covanta Corporation's website is not available on the Internet. This case may not be over, as American Eagle Outfitters may challenge the decision in federal court.