July 2, 2021
3 mins read

UN body order against firm for illegally using Khadi brand name

KVIC had argued that “Om Soft Solutions” was indulging in the business of garments by misusing the brand name “Khadi”…reports Asian Lite News.

A recent order by the World Intellectual Property Organization (WIPO) has barred a Delhi-based firm from using a domain name www.urbankhadi.com, which illegally uses the brand name “Khadi”.

The order by WIPO, which is a specialized agency of the United Nations for brand protection across the world, came on a petition of Khadi and Village Industries Commission (KVIC).

The Administrative Panel of WIPO’s Arbitration and Mediation Center has ruled that the firm “Om Soft Solutions”, owned by one Harsh Gaba, had registered and used the domain name www.urbankhadi.com in “bad faith” and to gain benefit from the goodwill of Khadi, the Ministry of Micro Small and Medium Enterprises said on Thursday.

KVIC had argued that “Om Soft Solutions” was indulging in the business of garments by misusing the brand name “Khadi”.

The panel lent credence to KVIC’s contentions that “it was a systematic attempt by Mr Harsh Gaba to derive unfair advantage, wrongful commercial gains and to mislead the public into believing that www.urbankhadi.com is an associate of Khadi India.”

“It is evident that the respondent can have no legitimate interest in the disputed domain name…nobody would use the word “Khadi” unless seeking to create an impression of an association with Khadi,” the panel noted.

“….the evidence submitted by the complainant (KVIC) leads to the presumption that the disputed domain name www.urbankhadi.com was registered and used by the respondent in bad faith….the panel orders that the disputed domain name be transferred to the complainant, i.e. KVIC,” the panel ruled, according to the MSME ministry.

The panel categorically rejected the arguments of “Om Soft Solutions” that the word “Khadi” enjoyed no protection and that nobody had an exclusive right to use the name “Khadi”. “…. the complainant (KVIC) is the owner of several KHADI trademark registrations. The complainant is also the owner of trademarks “Khadi” and “Khadi India”…the disputed domain name www.urbankhadi.com includes the trademark of KVIC and is confusingly similar or identical to the trademarks of the complainant (KVIC),” the panel observed.

KVIC Chairman Vinai Kumar Saxena said the WIPO’s order will bolster Khadi’s fight against violation of its brand name not only in India but also globally. He said KVIC will take all measures to protect the identity and global popularity of Khadi. KVIC has registered the trademark “Khadi” in several countries to prevent any misuse of the brand name “Khadi” as it has a direct bearing on the livelihood of our artisans.

The ministry pointed out that KVIC, in recent times, has won several cases against violation of its trademark “Khadi”.

On June 4, Delhi High Court barred a Ghaziabad-based trader JBMR Enterprises from manufacturing and selling counterfeit Khadi Prakritik Paint.

On May 28, Delhi High Court restrained “Khadi Design Council of India” and “Miss India Khadi Foundation” from using “Khadi” brand name.

On May 3, an Arbitration Tribunal in Delhi had said that “Khadi” was not a generic name to be used by private individuals or firms while permanently restraining an individual from using the brand name Khadi.

In March this year, the Delhi High Court had also restrained a firm from using brand name Khadi and the Charkha symbol to sell its products under the name “IWEARKHADI”.

KVIC in the last few years has acted tough against such violators.

So far KVIC has issued legal notices to over 1,000 private firms including Fabindia for misusing its brand name and selling products under the name of Khadi. KVIC has sought damages to the tune of Rs 500 crore from Fabindia which is pending before the Mumbai High Court. (INN)

ALSO READ-Khadi launches footwear range, eyes global market

READ MORE-Modi Faces Flak Over Khadi Issue

Previous Story

The Rapid Expansion of Chinese Navy Worries India

Next Story

Sajda Fest Presents Mohan Veena Recital to Heal Minds

Latest from India News

India-EU Trade Talks Resume

The proposed India-EU FTA covers 23 policy areas, or chapters, of which at least two – market access and rules of origin – have yet to be resolved….reports Asian Lite News India

India Launches Relief Ops in Bhutan

The Royal Government of Bhutan has expressed sincere gratitude to the Indian Army…reports Asian Lite News Amid unprecedented floods caused by a low-pressure system over the Bay of Bengal, relentless rainfall has

Jaishankar Hints at Tariff Deal with US

Jaishankar explained that the ongoing trade tensions largely stem from the inability of both sides to reach a common ground on several issues….reports Asian Lite News External Affairs Minister S. Jaishankar on

Rajnath Singh Heads to Australia for Key Defence Talks

The visit comes at a historic moment when India and Australia commemorate five years of establishment of India-Australia Comprehensive Strategic Partnership…reports Asian Lite News Defence Minister Rajnath Singh will visit Australia from

Starmer to Visit India on Wednesday

UK and India to cement strategic ties with new free trade agreement and deeper cooperation across defence, technology and climate Prime Minister Keir Starmer will make his first official visit to India
Go toTop

Don't Miss

    ‘Khadi for Nation, Khadi for Fashion, Khadi for Transformation’

The second part of the evening showcased 25 garments in

Khadi spirit spins on

From Gandhi’s visit in 1920 to Prime Minister Modi’s call