Debangana Ray
Published on August 2, 2022 at 18:11 IST
The Delhi HC granted permanent injunction against “Khadi by Heritage’ who were engaged in the selling of PPE kits, fireballs and hand sanitizers.
It observed that there was ‘reasonable expectation’ that the latter misused the trademark that belonged to the former in order to promote its products.
The Bench comprising of Justice Pratibha Singh awarded 10 lakh damages and 2 lakh costs in favor of Khadi and Village industries.
The Judge contended that the use of trademark by the defendant was deliberate and with malicious intention.
Further, such use of trademark will cause irreparable confusion among consumers who may believe that the products of the defendant are in fact being sold by the company of the petitioner.
“Accordingly, a decree of permanent injunction is granted, in terms of the reliefs as sought in paragraph 51 (a) and (b) of the Plaint, restraining the Defendants, Defendants’ agent, representatives and distributors from manufacturing, selling, offering for sale any goods or services under the impugned mark and logo ‘KHADI BY HERITAGE’.”
“The KBH logo, as also, any other marks/logos identical or deceptively similar to the Plaintiff’s mark ‘KHADI’ and the ‘Charkha logo’ in respect of any goods and services, without a license or consent from the Plaintiff,” the Court ordered so.
