After considering the case, the Court held that the defendants’ use of the word Khadi and several marks in question does amount to infringement within the meaning of Section 29(2) and (4) of the Trade Marks Act.
The Court further held that there is a prima facie case that the defendants tried to pass off their services as being associated with KVIC.
“The case set up by the defendants is that they are sourcing fabric manufactured by the plaintiff, and bearing the plaintiff‘s marks, from authorized outlets and stockists, and placing the fabrics on display, inter alia by using them in designer clothing, beauty pageants, and the like. The intent to associate the activities of the defendants with those of the plaintiff is, therefore, not only apparent but admitted. Inasmuch as the plaintiff has granted no authority, whatsoever, to the defendant to do so, these attempts amount, prima facie, to passing off, by the defendants, of their services as those of the plaintiff or, at the very least, drawing an association between the two,” the Court said.
Source: Barandbench
