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.