18 January 2024 Trademark Laws in India >> Intellectual Property Rights  

The Khadi and Village Industries Commission (KVIC) has filed a lawsuit against Ashish Singh and M/s DrillMaps India Private Limited, claiming they are misleading the public through their website "www.khadiorganic.com".

The lawsuit alleges that the website and associated social media accounts under the brand name "KHADI ORGANIC" are infringing on KVIC's registered trademark "KHADI". KVIC argues that the defendants' use of "KHADI" is deceptive, particularly in association with their offer of "free prasad" delivery from the upcoming Pran Pratishta ceremony at the Shri Ram Temple in Ayodhya.

KVIC Claims Extensive Brand Recognition:

KVIC, established in 1956, is a statutory body that promotes and develops textiles. They claim to be the registered proprietor of the "KHADI" trademark in various classes, and that they have been extensively using the brand for a wide range of products like cosmetics, food items, and woolen products.

According to the lawsuit, KVIC has built significant brand recognition and association with the "KHADI" mark. They argue that the defendants' use of "KHADI ORGANIC" and "KHADI EARTH" is likely to confuse consumers and create the false impression that KVIC is somehow affiliated with the website's "free prasad" service.

Conclusion:

The court, upon initial examination of the case, has granted an ex-parte interim injunction in favor of KVIC. This order prohibits the defendants from using any marks similar to "KHADI" and requires them to suspend the operation of their website and take down social media pages that infringe on KVIC's trademark.

  COMMERCIAL COURTS ACT, 2015    Khadi and Village Industries Commission Act, 1956