IP Case Digest · Trade Marks

Praveen Kumar Mewara v. M/s Aditya Industries

Date of judgment
Judge
Shree Chandrashekhar
Outcome
Disposed of

Headnote

Appeal against refusal of an interim injunction dismissed. Both sides held registrations, the respondent having applied earlier than the appellant, and the appellant's claim rested on use of its stylised letter mark since 1990, which the respondent seriously disputed. The Commercial Court had refused the injunction on the footing that where both parties hold certificates from the competent authority, a claim of prior user may give rights but requires trial rather than a prima facie finding. The Division Bench agreed that prior user would essentially require evidence and held that the reasoning disclosed no perversity or illegality warranting interference. Bacardi and ITC were distinguished, the defendants in those cases holding no registration or having been refused one.

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Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.