REEBOK INDIA COMPANY A COMPANY REGISTERED UNDER THE COMPANIES ACT Vs. GOMZI ACTIVE ALSO STYLING ITSELF AS GOMZEE ACTIVE PROPRIETARY CONCERNED OWNED

JUDGEMENT

(1.) THE controversy involved in this appeal pertains to the use of the trade slogan "i AM WHAT I am". The Appellants herein are aggrieved by the grant of temporary injunction restraining them from using the Logo "i AM WHAT I AM" along with their trade mark.

(2.) THE Appellants herein are defendants in the suit, O. S. No. 16861/2005 filed by the respondent/plaintiff seeking permanent injunction against them restraining them from using on their products the logo/trade slogan "i AM WHAT I AM" and for payment of damages in a sum of Rs. 15,000/-and for rendition of accounts.

(3.) IT is the case of the plaintiff that the trade slogan "i AM WHAT I AM" is its distinctive style and design atleast since 1998, used on its Garments which is alleged to have been stolen/pirated by the defendants, thus infringing their proprietary rights including intellectual property. The plaintiff further asserted that they were the first to use the logo "i AM WHAT I AM" and therefore the plaintiff alone can claim rights over the said slogan as a Trade Mark.