Delhi High Court has restrained beauty pageants and different companies from finishing up any “misleading” actions within the name of Khadi.
Private entities concerned in organising beauty pageants and different business actions by illegally using the brand name “Khadi” of Khadi and Village Industries Commission (KVIC) have been restrained by the Delhi High Court from finishing up any “misleading” actions within the name of Khadi.
The Noida-based ‘Khadi Design Council of India’ (KDCI) and ‘Miss India Khadi Foundation’ (MIKF) have been accused by the KVIC of fraudulently using the brand name and deceiving folks.
In an ex-parte order, the excessive court docket mentioned the names of the 2 entities have been “deceptively similar” to the KVIC’s trademark ‘Khadi’ and therefore, amounted to violation of the trademark.
The excessive court docket additionally directed the defendants — ‘Khadi Design Council of India’, ‘Miss India Khadi Foundation’ and its self-proclaimed CEO Ankush Anami — to take down all their social media accounts on Instagram, YouTube and Facebook below the tradename ‘Khadi Design Council of India’ and ‘Miss India Khadi’.
It additionally ordered taking down infringing content material from their web sites — www.missindiskhadi.in and www.kdci.org — and an e-commerce portal www.paridhaanam.com run by Anami — that’s analogous to KVIC’s e-portal.
The excessive court docket accepted the arguments of the KVIC that the defendants’ web sites and social media pages have been scripted and structured in a way that gives the look that they’re the identical because the KVIC or they’re a part of a authorities physique offering the identical companies because the Khadi India.
“The same demonstrates the serious bad faith on part of the defendants and their intention to mislead the consumers and ride on the plaintiff’s goodwill,” the KVIC alleged.
The KVIC alleged that the personal entities have been planning and promoting two occasions titled ‘Miss India Khadi’ and ‘National Khadi Designers Awards, 2019’ in Goa from December 19 to 22, 2020, and thus making a misunderstanding that the occasions are organized by the KVIC.
Further, the defendant KDCI was duping folks by promising ‘Khadi Certification’ to style designers and charging Rs 2,000 per head in lieu of that they usually additionally claimed to be related to KVIC’s Prime Minister’s Employment Generation Program (PMEGP) on their web site www.missindiakhadi.in which contained a hyperlink to the KVIC’s PMEGP web page.
Taking notice of KVIC’s competition, Justice Sanjeev Narula mentioned, “The plaintiff (KVIC) has established a prima facie case in its favour… An irreparable loss would be caused to the plaintiff, i.e. KVIC in case an ex-parte interim injunction is not granted.”
“Accordingly, till the next date of hearing, the defendants are restrained manufacturing, advertising or providing any kind of goods or services under the trademark ‘Khadi’… Further, the defendants are directed to take down their Facebook, Instagram and YouTube pages under the mark tradename ‘Khadi Design Council of India’ and ‘Miss India Khadi’, and the infringing content from their websites being www.paridhaanam.com, www.kdci.org and www.missindiakhadi.in,” the decide mentioned within the current order.
KVIC Chairman Vinai Kumar Saxena welcomed the court docket order saying this could deter people and companies from illegally using brand name Khadi and luring folks on false guarantees.
“The activities of ‘Khadi Design Council of India’ and ‘Miss India Khadi’ is a clear case of duping people using the name of ‘Khadi’. These entities have no connection or affiliation with Khadi at all. Those who have been duped, must seek a refund and lodge complaint against these fraud entities,” Saxena mentioned.
It is pertinent to say that KVIC, in current occasions, has gained a number of instances in opposition to violation of its trademark ‘Khadi’. An arbitration tribunal in Delhi final month had mentioned that ‘Khadi’ was not a generic name for use by personal people or companies whereas completely restraining a person from using the brand name ‘Khadi’.
In March this yr, the Delhi High Court had additionally restrained a agency from using brand name Khadi and the charkha image to promote its merchandise below the name “IWEARKHADI”.
The KVIC in the previous few years has acted powerful in opposition to such violators. So far, the KVIC has issued authorized notices to over 1,000 personal companies, together with Fabindia, for misusing its brand name and promoting merchandise below the name of Khadi.
The KVIC has sought damages to the tune of Rs 500 crore from Fabindia which is pending earlier than the Mumbai High Court.
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