Protecting the Khadi trademark from impostors
In response to the complaint filed by KVIC challenging the use of a domain name www.khadi.in run by Delhi-based entity, the tribunal rejected the contention of a private entity that “Khadi” is a generic word.
The National Internet Exchange of India Domain Dispute Policy (INDRP) Arbitration Tribunal in New Delhi has recently ruled against the use of Khadi as a generic name by a private entity as it is likely to confound people with the goods/services of Khadi and Village Industries Commission (KVIC).
Articulating the non-generic nature of Khadi, Arbitrator forbade the use of the term in the domain name by private individuals and firms. “The impugned domain name is identical and confusingly similar to a named trademark as well as a service mark in which the KVIC has a right,” asserted Arbitrator.
According to the Tribunal, the impugned domain name (www.khadi.in) is a trademark-backed domain name and it not only violates the provisions of the Trade Marks Act 1999 but also violates Clause 4 of the INDPR policy issued by the NIXI.
The order is issued in the wake of increasing imitators and it aims to reinforce Khadi’s fight against violation of its brand name and help protect the legitimate rights of Khadi artisans.
There have been many instances of trademark infringement by individuals firms in past and KVIC has been adamantly fighting legal battles to safeguard its brand names and logos. Some months back Delhi High Court restrained a firm from using the brand name Khadi and the Charkha symbol under the “IWEARKHADI” label.
KVIC Chairman Vinai Kumar Saxena said, ” KVIC will not spare any effort to prevent any misuse of the brand name ‘Khadi’ as it has a direct bearing on the livelihood of our artisans who are making genuine handcrafted products in remote parts of India. KVIC will continue to take stern action against individuals or firms misusing the brand name Khadi. This is to safeguard the interest of Khadi artisans and prevent the sale of any spurious product in the name of Khadi.”
As per KVIC, legal noticed have been issued to almost over 1000 private firms including Fabindia for allegedly misusing its brand name Khadi.
Cover image by KVIC
