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Synopsis

In a significant legal development ahead of the Ram Mandir Pran Pratishta in Ayodhya, the Delhi High Court has issued a suspension order against 'Khadi Organic,' a website allegedly engaged in deceptive practices related to the distribution of "Ram Mandir Prasad."

The court, which addressed the matter on January 18, acceded to the claims made by the Khadi and Village Industries Commission, the registered proprietor of the trademarks 'Khadi' and 'Khadi India,' in a lawsuit filed against the website.

The court asserted that 'Khadi Organic' sought to monopolize the sacred event by capitalizing on the religious beliefs and devotion of the public.

"It appears that Defendants No. 1 and 2 are attempting to monopolise the consecration event by preying on the public’s religious beliefs and devotion and deceiving them into transferring money to Defendants No. 1 and 2, using the Plaintiff’s goodwill," the court said.

The suit, filed through Advocate Shwetasree Majumder, detailed the website's fraudulent activities, including demanding Rs. 51 from Indian customers and USD 11 from foreign customers under the guise of a "delivery charge." The website was also allegedly soliciting donations from the public to support its purported initiative.

The Khadi and Village Industries Commission contended that 'Khadi Organic' was perpetrating fraud by creating a false association with the commission's trademarks and presenting itself as the "official website for the sale of Ayodhya Ram Mandir prasad." The commission further argued that the website falsely implied an affiliation with the Shri Rambhoomi Teerth Kshetra Trust, the organizing body of the consecration ceremony.

The bench of Justice Sanjeev Narula observed that 'Khadi Organic' was deceiving customers by leveraging the goodwill of the Khadi and Village Industries Commission.

The website allegedly obtained money falsely without providing confirmation receipts or proof of dispatch.

The court, in its order made public on Saturday, restrained the owners of 'Khadi Organic' from manufacturing, selling, exporting, or advertising any goods or services under the mark 'Khadi Organic,' deeming them deceptively similar to the commission's Khadi mark.

Justice Narula directed Squarespace Domains II LLC, the registrar of the 'www.khadiorganic.com' domain, to suspend its operation and maintain the status quo regarding the ownership of the said domain name.

"The links to the videos posted by disgruntled consumers annexed with the plaint further indicate that Defendants No. 1 and 2 have falsely obtained money from the members of the public without providing a confirmation receipt or proof of dispatch. Defendant No. 3 ( Squarespace Domains II LLC) shall suspend the operation of the domain name/ website “www.khadiorganic.com” registered by them and shall also maintain status quo with regards to the ownership of the said domain name,” the court said. 

The court expressed concern over the irreparable loss that the Village Industries Commission would suffer if the interim injunction was not granted, noting that the commission had prima facie made a case in its favor.

Case Title: Khadi and Village Industries Commission v. Mr. Ashish Singh & Ors.