The court was informed that the defendants were charging a delivery fee for the supposedly free “Ram Mandir prasad.” Additionally, they were selling various Ram Mandir-related merchandise, collectibles, food items, and religious ceremony goods through websites bearing the marks “Khadi Earth” and “Khadi Organic.”
The Delhi High Court has taken decisive action against the exploitation of public religious sentiments, ordering the suspension of a website falsely promoting itself as the “official site for Ayodhya Ram Mandir prasad.” This website, operating under the name “Khadi Organic,” was found to be capitalizing on the public’s devotion by offering delivery of free prasad from the Pran Pratishta ceremony at the Ram Mandir in Ayodhya, Uttar Pradesh.
Justice Sanjeev Narula, presiding over the case, observed that the website was preying on the public’s religious beliefs, deceiving them into transferring money under the guise of the goodwill associated with the Khadi and Village Industries Commission (KVIC), a statutory body for the promotion of textiles. The court directed the website’s two owners to take down their social media pages using any mark identical or deceptively similar to KVIC’s registered “KHADI” marks. Furthermore, the owners were restrained from manufacturing, selling, or offering any goods or services under the “KHADI ORGANIC” mark or any similar marks that would infringe or pass off KVIC’s “KHADI” marks.
The website’s deceitful practices included falsely obtaining money from the public without providing confirmation receipts or proof of dispatch for the “prasad.” The trademark infringement suit was filed by the Khadi and Village Industries Commission against Ashish Singh, who established the “KHADI ORGANIC” brand, and the company M/s DrillMaps India Private Limited. The website claimed that those desiring the “Ram Mandir Prasad” could place orders by filling a form and paying Rs. 51 for Indian customers and USD 11 for foreign customers.
The court was informed that the defendants were charging a delivery fee for the supposedly free “Ram Mandir prasad.” Additionally, they were selling various Ram Mandir-related merchandise, collectibles, food items, and religious ceremony goods through websites bearing the marks “Khadi Earth” and “Khadi Organic.” These activities were marketed on platforms like Instagram and Pinterest. The plaintiff-commission argued that the defendants had no right to misappropriate the KHADI mark and falsely imply an affiliation with the Shri Ram Janmabhoomi Teerth Kshetra Trust, which is organizing the consecration ceremony.
Several customers have posted videos and Instagram reels alleging that the defendant’s “free Prasad service” was a scam. The defendants hosted a live session on YouTube on January 14 to clarify that it was a private initiative not overseen by the Shri Ram Janmabhoomi Teerth Kshetra Trust. They also informed that as of January 14, nearly 20 lakh orders were received. Further inquiries revealed that one of the defendants had filed a trademark application on January 13, 2024, to get rights over the mark “KHADI ORGANIC.”
The plaintiff pointed out that it had successfully initiated action against the defendants in May 2022 and March 2023 before the World Intellectual Property Organization over the domain name www.khadiindia.us, which was used to sell cosmetic products, clothing, home accessories, etc., under the KHADI mark.
After considering these submissions, the High Court passed an ex-parte interim order in the plaintiff’s favor. The matter is set to be heard next on May 27. The counsel for the plaintiff included Ms. Shwetasree Majumder, Ms. Diva Arora Menon, Ms. Devyani Nath, Ms. Aiswarya Debadarshini, and Mr. Shiv Mehrotra.
This case highlights the court’s commitment to protecting the sanctity of religious beliefs and the integrity of established trademarks against exploitation and deceit.
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