Why Timely Brand Monitoring and Action is Critical
In 2020, Khadi & Village Industries Commission (KVIC) sought to halt Girdhar Industries’ use of “Girdhar Khadi.” But the Delhi High Court denied KVIC’s request for interim injunction due to one fatal flaw — delay.
Background:
- Girdhar Industries had been using “Girdhar Khadi” since 2001.
- Trademark registered in 2005.
- KVIC only moved to court in 2020, even though they were aware of the unauthorized use since at least 2017.
What Went Wrong?
The Court ruled that KVIC’s delay amounted to “acquiescence” — meaning they were seen to have silently accepted the situation.
- Girdhar Industries had built strong market goodwill during the time KVIC stayed inactive.
- The suppression of key facts further weakened KVIC’s case.
Lessons for Brands:
- In IP law, time is of the essence.
- If you don’t act quickly against infringement, you may lose your right to enforce.
- Courts favor parties who are vigilant about protecting their brands.
Goldfinn CWS Insight: If KVIC had an active brand monitoring system like Goldfinn CWS, unauthorized uses and threats would have been detected early, allowing prompt legal action. Early alerts + Early action = Brand Power Protected!
Sources: Mondaq+1Intellect Vidhya Solutions Law LLP+1, SpicyIP, Indian Kanoon