ARIJIT PASAYAT, S.H.KAPADIA
Gomzi Active – Appellant
Versus
Reebok India Co. – Respondent
JUDGMENT
Dr. Arijit Pasayat, J.—Leave granted.
2. Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Karnataka High Court partially allowing the appeal filed by the respondent and directing the trial court to dispose of the suit early, preferably within six months from the date of order i.e. 22.6.2006.
3. Background facts in a nutshell are as follows:
Appellant filed the suit i.e. O.S. No. 16861 of 2005 seeking permanent injunction against the respondents by restraining them from using their product logo/trade mark
“I am what I am” and for payment of damages and for rendition of accounts. The controversy involved was pertaining to the use of the trade slogan “I am what I am”. Respondents had filed the appeal challenging the grant of temporary injunction restraining them from using the logo “I am what I am” along with their trade mark.
4. Case of the plaintiff was that the trade slogan “I am what I am” is its distinctive style and design at least since 1998, used on garments which were stolen/pirated by the defendant thus infringing their proprietary right including their intellectual property. The plaintiff further asserted that it first used the l
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