Introduction:

The Delhi High Court recently issued an order to suspend a website falsely claiming to be the “official website for the sale of Ayodhya Ram Mandir prasad.” The website, operating under the name “Khadi Organic,” was found to be deceiving the public by exploiting their religious beliefs and trust in Khadi and Village Industries Commission. Justice Sanjeev Narula, presiding over the case, observed that the website owners were taking advantage of people’s devotion, collecting money without providing confirmation receipts or proof of dispatch for the promised prasad. The court’s decision came in response to a trademark infringement suit filed by Khadi and Village Industries Commission against Ashish Singh and M/s DrillMaps India Private Limited, alleging misuse of the “KHADI” trademark.

Arguments:

The plaintiff argued that the website, operating under the name “KHADI ORGANIC,” infringed on their registered “KHADI” marks. They contended that the defendants had no right to misappropriate the Khadi trademark and create a false impression of affiliation with the Shri Ram Janmabhoomi Teerth Kshetra Trust organizing the consecration ceremony. The plaintiff sought an ex-parte interim injunction, asserting a prima facie case, irreparable loss, and the balance of convenience in their favor. The defendants, Ashish Singh and M/s DrillMaps India Private Limited, were accused of falsely claiming to be the official channel for obtaining “Ram Mandir Prasad.” The plaintiff argued that the defendants unlawfully collected money from the public without providing the promised prasad or necessary documentation. The defendants’ use of the “KHADI ORGANIC” mark was contested as an infringement and passing off of the registered “KHADI” marks.

Court’s Judgement:

The Delhi High Court, in granting the ex-parte interim injunction, ordered the suspension of the misleading website and directed the defendants to remove any social media pages using marks identical or deceptively similar to Khadi and Village Industries Commission’s registered “KHADI” marks. The court also restrained the defendants from manufacturing, selling, or offering any goods or services under the “KHADI ORGANIC” mark or any other marks constituting infringement or passing off of the “KHADI” marks. Justice Narula emphasized the deceptive nature of the website, exploiting religious sentiments and the reputation of Khadi and Village Industries Commission.