Case Law Details
Khadi & Village Industries Commission Vs Raman Gupta (Delhi High Court)
Held that the Defendants’ use of the mark ‘KHADI’ would be violative of the Plaintiff’s rights in the said mark, and that such use would also cause immense harm to the consumers in view of the nature of the products which are being sold by the Defendants, the present suit is liable to be decreed.
Facts- The Plaintiff Khadi & Village Industries Commission is a statutory body has filed the suit claiming to be the registered proprietor of the mark ‘KHADI’ along with the ‘Charkha Logos’. It is stated that the website under the domain name ‘www.kviconline.gov.in’ which was registered since 1st July, 2010.
It is alleged by the plaintiff that the Defendants were using the trading style ‘KHADI BY HERITAGE’, the corporate name and also the mark and the ‘Charkha Logo’ in various forms. It was stated that on the website operated by the defendants, they used ‘Charkha Logos’ and the trademark ‘KHADI BY HERITAGE’, and claimed to be the “manufacturers of Organic, Natural & Eco-Friendly Cosmetic and allied Products under the name and brand of KHADI BY HERITAGE”.
Thus, the plaintiff alleged that the use of the trademark ‘KHADI’ especially in relation to medical products raised enormous concerns in respect of the quality of these products apart from constituting violation of various statutory and common law rights.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
