Judgement Re-Writing On Praveen Kumar Mewara V/S M/S Aditya Industries

Pratyush Pandey, B.A. LL.B. (Hons.), National Law School of India University, Bengaluru

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ABSTRACT

This judgement rewriting of Praveen Kumar Mewara v. M/s Aditya Industries looks critically at the ruling handed down by the Jharkhand High Court in reference to the doctrine of infringement of trademarks and prior use. The case centers around the claim that the Adhunik mark, with its particular typeface and depiction, had legitimately been used and should also be claimed to precede the registration by the respondent at issue. The case would throw light on some of the depths in possibilities of intellectual property rights, viz., the necessity of having registration to protect trademark rights, the evidentiary issues concerning prior use, and those parts of consumer confusion framed in an environment with dominance of visual indicia. The position argued holds cautiously that the precedent vibrates with risks of opportunistic registrations in respect of real brand equities due to its own severely over-prescriptive application of prior use standards. This paper intends to hinge upon an alternative conception of the judgment by surveying the far-ranging implications that bear on not merely the instant case but the entire intellectual property law field and to call for an investigation, much more thorough and substantiated with the facts, which would value such inquiries as paramount over mere formalities, particularly in bid claims of prior use.

Keywords: trademark, logo, prior use, registration, adhunik, aadarsh, goodwill, intellectual property rights