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february 2007

Supreme Court of India · 2007-02-02

M/S. GOMZI ACTIVE vs M/S. REEBOK INDIA CO.

Citation / case number
SC 2006/18664
Court
Supreme Court of India
Petitioner
M/S. GOMZI ACTIVE
Respondent
M/S. REEBOK INDIA CO.
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the Karnataka High Court's decision to allow the appeal regarding the trade mark 'I am what I am', stating that the trial court's finding that the plaintiff's trade mark was 'Gomzi' and not 'I am what I am' was justified. The Court emphasized that the plaintiff had not registered the slogan as a trade mark until May 2005, and thus could not claim exclusive rights over it. The ruling clarified the distinction between trade mark infringement and passing off actions, referencing S.M. Dyechem Ltd. v. Cadbury (2000) and other precedents.

M/S. GOMZI ACTIVE vs M/S. REEBOK INDIA CO. · Niyam