Bombay High Court: In a suit filed by Patanjali Foods Limited (plaintiff), seeking interim relief and restraining Meta platforms circulating a video on Facebook pages containing disparaging remarks against the product of the Plaintiff i.e., edible oil bearing the registered trademark “MAHAKOSH”, Manish Pitale, J., passes John Doe order restraining the defendants by themselves, their servants, employees, agents, dealers, distributors and all persons claiming under them from infringing the applicant’s registered trademarks, including “MAHAKOSH FUTURE FIT”.
The Plaintiff is stated to be a leading manufacturer and marketer of a range of edible oils, and it is a pioneer of Soya foods in India. It is the case of the Plaintiff that the defamatory video on online platforms has been circulated against a particular product of the Plaintiff called Mahakosh Refined Soyabean Oil. It is the case of the Plaintiff that unless urgent ad-interim relief is granted, the said videos will continue to hurt the reputation of the registered trademark of the Plaintiff.
The video not only infringes the registered trademark of plaintiff, but it has the effect of spreading misleading and false information and impression in the minds of the public regarding the said product of Plaintiff bearing the registered trademark.
The Court noted that disparaging remarks have been made against the product of the Plaintiff bearing the registered trademark “MAHAKOSH”, as also a related device mark. The Court is thus, satisfied that prima facie the ingredients of Section 29(8) (a) and (c) of the Trademarks Act are made out. The contents of the video prima facie, appear to have infringed upon the registered trademark of the plaintiff.
The Court restrained defendants their servants, employees, agents, dealers, distributors and all persons claiming under them from infringing the applicant’s registered trademarks, including “MAHAKOSH FUTURE FIT”.
The Court restrained Meta Platforms Inc. from the circulation of the impugned video and further directed defendant platforms to remove the video.
[Patanjali Foods Limited v Meta Platforms Inc., 2023 SCC OnLine Bom 1038, decided on 04-05-2023]
Advocates who appeared in this case :
Mr. Prathamesh Kamat, Mr. Nakul Jain and Mr. Kayush i/by Apoorv Srivastava, for Applicant/Plaintiff. Mr. Shailesh Poria, Mr. Hrishikesh Shukla and Mr. Rahul G i/by Economic Law Practice, for Defendant 2.