( 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.

( 4 ) THE defendants contended that:

(1) As per Section 2 (1) (w) of the Trade Marks Act, 1999, the expression, "registered Trade