KHADI AND VILLAGE INDUSTRIES COMMISSION V. RAMAN GUPTA AND OTHERS
Facts
In this case, the plaintiff is a body established by the statute, known as- Khadi and Village Industries Commission enacted under Khadi and Village Industries Act, plaintiff, pleaded that the defendants are using the trade style, corporate name and the mark, ‘Khadi by Heritage’ and the ‘Chakra logo’ in various forms. They also operates a website in this name on which they promote and sell various products which includes medical products like PPE kits, hand sanitizers, fireballs etc. in the name of khadi, which is misleading and unlawful.
Legal Analysis
The word ‘Khadi’ is a registered trademark along with logos and various device marks. ‘Khadi’ as a trade mark is promoted by the Plaintiff through a statutory corporation and in recent times enormous emphasis has been given globally also to promote Khadi products. Use of the word ‘Khadi’ which is a registered trademark, especially, for medical products such as PPE kits, hand sanitizers and fireballs without any quality control is violative of the rights of the Plaintiff and also of concern to the interest of the general public as there is no quality supervision. Moreover, the use of the mark ‘KHADI BY HERITAGE’ along with ‘Charkha logo’ on the website could also lead the consumers to believe that the Defendants are related or associated with/sponsored by the Plaintiff. Hence it is illegal and unlawful to use word ‘Khadi’ in this case.
Conclusion
The court held that prima facie case is made in favor the plaintiff and interim injunction is passed, the defendants are restrained from using the trade mark ‘Khadi’ either on a stand-alone basis or in a logo form, the ‘Charkha logo’ with the mark ‘Khadi’ as also the domain names and the websites operated by the defendant. The Defendants are also restrained from even using the trading style of ‘Khadi by Heritage’ for the partnership firm and the company which is incorporated by the name ‘Khadi by Heritage Pvt. Ltd’.
DUCTUS EDGE 