{"id":147590,"date":"2026-01-19T08:35:19","date_gmt":"2026-01-19T03:05:19","guid":{"rendered":"https:\/\/www.bananaip.com\/intellepedia\/?p=147590"},"modified":"2026-01-19T08:35:19","modified_gmt":"2026-01-19T03:05:19","slug":"trade-mark-infringement-delhi-hc-bars-khadi-veda-kvic-khadi-mark","status":"publish","type":"post","link":"https:\/\/www.bananaip.com\/intellepedia\/trade-mark-infringement-delhi-hc-bars-khadi-veda-kvic-khadi-mark\/","title":{"rendered":"Delhi HC bars \u2018Khadi Veda\u2019 for infringing KVIC\u2019s KHADI mark"},"content":{"rendered":"<h5><strong>Facts<\/strong><\/h5>\n<p>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 \u201cKHADI\u201d, 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.<\/p>\n<p>KVIC alleged that the defendants were manufacturing and selling cosmetic and related products under the mark \u201cKHADI VEDA\u201d, 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.<\/p>\n<p>It contended that defendant no.4 was an affiliate and beneficiary under KVIC schemes and could not plead ignorance of the plaintiff\u2019s rights.<\/p>\n<p>Plaintiff submitted that the continued use of the impugned mark by the defendants would cause confusion, deception, dilution of goodwill, and irreparable harm.<\/p>\n<p>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.<\/p>\n<h5><strong>Analysis and Order<\/strong><\/h5>\n<p>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:<\/p>\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>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.<\/li>\n<li>The defendants\u2019 continued use of KHADI VEDA, despite cease-and-desist notices and assurances, prima facie indicated dishonest adoption.<\/li>\n<li>There was high likelihood of confusion and deception among consumers due to the statutory status of KVIC and the defendants\u2019 alleged misrepresentation of association.<\/li>\n<li>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.<\/li>\n<li>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\u2019s decision in <em>Yamini Manohar v. T.K.D. Keerthi<\/em>.<\/li>\n<li>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.<\/li>\n<li>It directed suspension and locking of the domain names khadivedaonline.com and khadiveda.in, and disclosure of registrant details.<\/li>\n<li>The Court also ordered immediate takedown of the defendants\u2019 social media pages and e-commerce listings bearing the impugned mark.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p>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: <a title=\"Khadi And Village Industries ... vs Enduring Body Care Llp And Ors on 13 January, 2026\" href=\"https:\/\/indiankanoon.org\/doc\/148620421\/\" target=\"_blank\" rel=\"noopener\">https:\/\/indiankanoon.org\/doc\/148620421\/<\/a><\/p>\n<p>Authored by Ms. Ashwini Arun and reviewed by Ms. Benita Alphonsa Basil.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>An ex parte ad interim injunction was granted in a trade mark infringement suit concerning KVIC\u2019s KHADI mark. Use of KHADI VEDA and related domain names and online listings was restrained.<\/p>\n","protected":false},"author":2,"featured_media":147592,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":93,"footnotes":""},"categories":[6,5495,11],"tags":[7517,12483,4788,11582,12482,1160,1754,1323],"class_list":["post-147590","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-intellectual-property","category-case-reviews","category-trademarks","tag-domain-names","tag-ex-parte-ad-interim-injunction","tag-khadi","tag-khadi-and-village-industries-commission","tag-kvic","tag-passing-off","tag-trade-mark-infringement","tag-well-known-trade-mark"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/147590","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/comments?post=147590"}],"version-history":[{"count":3,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/147590\/revisions"}],"predecessor-version":[{"id":147594,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/147590\/revisions\/147594"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media\/147592"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=147590"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=147590"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=147590"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}