The dispute relating to 'Khadi Prakritik Paint' 

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By Safal Sethi

The Delhi High Court restrained JBMR Enterprises of Ghaziabad from making, distributing, offering for sale or manufacturing ‘Khadi Prakritik Paints’ produced by the Khadi and Village Industries Commission (KVIC). The court found that JBMR Enterprises, controlled by Umesh Pal, engaged in counterfeiting by utilizing the ‘Khadi’ brand name unlawfully and replicating the name and packaging of ‘Khadi Prakritik Paints’ to deceive customers and harm Khadi's goodwill and reputation in the market. It is pertinent to mention that the trademark ‘Khadi’ has been adopted by the 

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plaintiff and has been in use continuously till date. JBMR has not only adopted an identical mark but has completely copied the trade-dress and packaging of KVIC. Khadi Prakritik Paint is a one-of-a-kind, creative cow dung paint. Union Minister of MSME Nitin Gadkari unveiled the anti-fungal and anti-bacterial paint. According to Justice Sanjeev Narula, KVIC has presented a prima facie case in its favour, and if an interim injunction is not issued, the KVIC will suffer irreparable damage. As a result, the JBMR Enterprises is prohibited from producing, promoting, or selling anything bearing the brand ‘Khadi’ until the next hearing date, therefore committing trademark infringement. JBMR Enterprises was also ordered to shut down its website, delete its Facebook account 

By Safal Sethi

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under the trade name ‘Khadi Prakritik Paints’ and suspend its Khadi paint-related email address. 

By Safal Sethi