M/S GOMZI ACTIVE versus M/S REEBOK INDIA CO. & ANR.

M/S GOMZI ACTIVE versus M/S REEBOK INDIA CO. & ANR.

Interim protection (temporary injunction) is not proper given the lack of registration and established usage of the slogan as a trademark by the appellant; trial court and High Court views are tentative and trial court to dispose of suit expeditiously.

Parties
Appellant: M/S Gomzi Active; Respondent: M/S Reebok India Co.
Jurisdiction
India
Judgment Date
02 February 2007
Procedural Posture
Civil Appeal / Appeal Against High Court's Order Vacating Temporary Injunction
Outcome
Appeal disposed of
Legal Topics
Trademark Infringement, Passing Off, Interim Injunction
Intellectual Property Commercial Law Trademark Infringement Passing Off Interim Injunction

Case Brief

Summary, issues, holding and outcome

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Parties

M/S Gomzi Active

Appellant

M/S Reebok India Co.

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court's Order Vacating Temporary Injunction

Legal Issues

  1. 1 Whether the slogan 'I am what I am' constitutes a trademark of the appellant
  2. 2 Whether interim protection (temporary injunction) was proper pending final disposal of the suit

Ratio Decidendi

Interim protection (temporary injunction) is not proper given the lack of registration and established usage of the slogan as a trademark by the appellant; trial court and High Court views are tentative and trial court to dispose of suit expeditiously.

Court Disposition

Appeal disposed of

Orders

  • Trial court to dispose of the suit as early as practicable, preferably by end of April 2007
  • Defendant shall maintain separate accounts for impugned transactions