Interim Order Passed By Delhi High Court To Restrain Use Of Khadi Trademark

The Khadi and Village Industries Commission( KVIC) has recently filed a suit before the Delhi High Court for restraining two private entities from using the KHADI trademark while hosting events like National Khadi Designers Awards, 2019 and Miss India Khadi Event. The defendants were using the logo and the word mark in this case and they argued that the KVIC cannot exert exclusive rights of usage of the Khadi mark as they do not produce or weave Khadi fabric or engage in sale of Khadi garments.

The two defendents had also removed the Khadi logo and word from their banners and posters after a legal notice was served upon them by KVIC, but then it was discovered that the Charkha and Khadi trademarks had been infringed through other platforms and mediums as well.

The Delhi High Court  bench of Justice C Hari Shankar thus upheld that the usage of the word “ Khadi” has in fact infringed the intellectual property rights under the purview of Section 29(2) and (4) of the Trade Marks Act and that the two entities had misrepresented to pass off their products as that belonging to KVIC. Thus an interim order in favour of KVIC has been passed and the matter has been listed again for 16 May 2023.