Summary
The Delhi High Court granted an ex parte injunction in favour of the Khadi and Village Industries Commission (KVIC), restraining the use of the mark KHADI VEDA for cosmetic products. The Court found a strong prima facie case of infringement and dishonest adoption of the well-known KHADI trademark, ordering suspension of infringing domain names, takedown of social media pages, and removal of e-commerce listings.
Facts
The plaintiff, Khadi and Village Industries Commission (KVIC), is a statutory body constituted under the Khadi and Village Industries Commission Act, 1956. It claimed long-standing proprietary rights over the trade mark “KHADI”, adopted in 1956 and registered in several classes, including classes 3, 5 and 35. The mark had also been declared a well-known trademark by the Delhi High Court and listed as such by the Trade Marks Registry.
KVIC alleged that the defendants were manufacturing and selling cosmetic and related products under the mark “KHADI VEDA”, using domain names such as khadivedaonline.com and khadiveda.in, and representing an association with KVIC. According to the plaintiff, this use amounted to infringement and passing off. It was asserted that despite repeated cease-and-desist notices and assurances of compliance, the defendants continued the impugned activities.
It contended that defendant no.4 was an affiliate and beneficiary under KVIC schemes and could not plead ignorance of the plaintiff’s rights.
Plaintiff submitted that the continued use of the impugned mark by the defendants would cause confusion, deception, dilution of goodwill, and irreparable harm.
The suit was filed seeking permanent injunction and urgent interim relief, along with an application for ex parte ad interim injunction and request for exemption from pre-litigation mediation.
Analysis and Order
The main issue before the court was whether plaintiff had made out a prima facie case of trade mark infringement and passing off warranting an ex parte ad interim injunction. In this determination, the Court held as follows:
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- Plaintiff had established a strong prima facie case, being the registered proprietor of the KHADI mark, which had also been judicially recognised as a well-known trademark.
- The defendants’ continued use of KHADI VEDA, despite cease-and-desist notices and assurances, prima facie indicated dishonest adoption.
- There was high likelihood of confusion and deception among consumers due to the statutory status of KVIC and the defendants’ alleged misrepresentation of association.
- Therefore, balance of convenience was clearly in favour of the plaintiff and failure to grant interim relief would result in irreparable injury, which could not be adequately compensated by damages.
- As the matter involved urgent interim relief, exemption from pre-litigation mediation under Section 12A of the Commercial Courts Act was justified, following the Supreme Court’s decision in Yamini Manohar v. T.K.D. Keerthi.
- The Delhi Court granted an ex parte ad interim injunction restraining defendant nos. 1 to 4 from using the mark KHADI VEDA or any identical or deceptively similar mark to KHADI, including in trade names, domain names, and emails.
- It directed suspension and locking of the domain names khadivedaonline.com and khadiveda.in, and disclosure of registrant details.
- The Court also ordered immediate takedown of the defendants’ social media pages and e-commerce listings bearing the impugned mark.
Citation: Khadi And Village Industries Commission vs Enduring Body Care LLP And Ors on 13 January, 2026, Delhi High Court, CS(COMM) 22/2026. Available at: https://indiankanoon.org/doc/148620421/
Authored by Ms. Ashwini Arun and reviewed by Ms. Benita Alphonsa Basil.