J U D G M E N T

% 28.12.2023 IA3114/2022 (under Order XXXIX Rules 1 and 2 of CPC)

1. The plaintiff Khadi and Village Industries Commission (KVIC) seeks, by this suit, relief against what it perceives to be infringement, by the defendant, of its registered trademarks and passing off, by the defendant, of its products as the products of the plaintiff.

2. This judgment decides IA 3114/2022, filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), seeking interlocutory injunctive reliefs pending disposal of the suit.

3. I have heard learned Counsel for both sides at length. Ms. Shwetasree Majumder appears on behalf of the plaintiff and Mr. S.K.

Bansal represents the defendant.

Rival submissions Case set up by the plaintiff – Submissions of Ms. Majumder

4. The plaintiff is a creature of the Khadi and Village Industries Commission Act, 1956 (“the KVIC Act”). The KVIC was itself constituted in 1957. Since then, it has been carrying out work relating to implementation of programs for the development of Khadi and other related industries in rural areas. In the process, products bearing the trademark “Khadi” are promoted by the plaintiff. The plaintiff also implements the Prime Minister’s Employment Generation Program (PMEGP) for upliftment and improvement of artisans, weavers and other members of small scale village and rural industries. 5. The plaintiff adopted the trademark KHADI, which is also part of its corporate name, on 25 September 1956. Since then, the plaintiff has been using the trademark KHADI in a variety of classes and for a variety of goods and services continuously and without interruption.

Under the Trade marksAct, 1999, the plaintiff has registrations of (i) the word mark KHADI, (a) with effect from 27 November 2014, in Classes 1, 2, 3, 4, 5, 6, 7, 8, 14, 16, 18, 19, 20, 21, 23, 24, 25, 26, 27, 29, 30, 32, 34, 35, 38 and 42 of the NICE classification of marks, applicable to registration of trade marks in India, claiming user from 25 September 1956, and (b) with effect from 28 November 2014 in Class 22, claiming user from 4 October 2014, (ii) the device mark , with effect from 19 June 2018 in Classes 1, 2, 3, 4, 5, 6, 7, 8, 14, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 20, 32, 34, 35, 38 and 42, claiming user from 25 September 1956, and (iii) the device mark (a) with effect from 2 December 2014 in Classes 1, 2, 3, 4, 5, 6, 7, 8, 14, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 32, 34, 35, 38 and 42, claiming user from 31 May 2000, and (b) with effect from 31 March 2020, (i) in Classes 12, 13, 17, 28, 31 and 37 claiming user from 25 September 1956, and (ii) in Class 33 on “proposed to be used” basis.

6. The plaintiff also hosts the websites www.kviconline.gov.in, www.khadiindia.gov.in and www.ekhadiindia.com . It also operates on several social media platforms. The plaintiff also provides a mobile application by the name “Khadi India”, which helps customers, patrons and members of the trade to locate the nearest Khadi India store.

7. The mark KHADI has, therefore, according to the plaintiff, become indelibly associated with the plaintiff, by dint of continuous and uninterrupted use.

8. The KHADI trademark is promoted through institutions certified by the plaintiff. The plaintiff authorises various retail sellers and other institutions to sell products under the KHADI trademarks. In order to be listed as an authorised user of the KHADI trademarks, for selling and promoting KHADI certified products and services, it is submitted that an organisation has to apply for recognition through the Khadi Institutions Registration & Certification Sewa (KIRCS). It is only when the plaintiff issues an appropriate certificate/authorisation that the entity is authorised to use the plaintiff’s trademark “KHADI”

in respect of its textile products.

9. Persons engaged in the production, sale or trading of Khadi and Khadi products, or who are desirous of being so engaged, are governed by the Khadi