Calcutta High Court: In Dabur India Ltd.’s disparagement claims against YouTuber Dhruv Rathee, for criticizing their ‘Real’ juice Justice Arindam Mukherjee, J. directed that if the parties are willing to go for amicable settlement, they may head for the same.
Background
In the matter at hand, Dabur manufactures and sells fruit juices and ready to serve beverages under the brand name ‘Real’. Dabur’s case was that they had spent huge sums in advertising products sold under the brand name ‘Real’ and has also earned tremendous goodwill and reputation both in the domestic and the international market, and Dhruv Rathee a social media influencer and a YouTuber uploaded a video on his YouTube channel, aiming to denigrating and disparaging packaged fruit products. Dabur contended that the impugned video makes unfair comparisons between carbonated soft drinks and ‘Real Fruit Power’ fruit beverages. It was also alleged that in the impugned video it was claimed that the consumption of packaged fruit juices leads to type II diabetes and that drinking packaged fruit juices leads to hair loss and is harmful if consumed.
On 15-03-2023, the Court viewed that Dabur’s product ‘Real’ was specifically targeted, denigrated and discredited in the impugned video, hence, a strong prima facie case on merits was made out. Therefore, the Court directed that Dhruv Rathee was permitted to upload the impugned video only after removing the offending portions in the impugned video which makes any reference to Dabur’s product ‘Real’ and not to make any use of the trademark, copyright content, trade dress, packaging label and logo of the ‘Real’ brand.
Considering the non-compliance of the order dated 15-03-2023 and in view of the incalculable damage which the impugned video may have, on 24-03-2023, the Court directed to take down/remove/block and restrain access to the impugned video from all the URL/Web Links.
Order
The Court agreed to Rathee’s suggestion to blur the images resembling Dabur’s ‘Real’ Juice packet in the impugned video. The Court noted that Rathee’s Counsels Senior Advocate Ranjan Bachawat and Advocate Nakul Gandhi, agreed to Dabur’s suggestions to send a sample of the blurred photograph of the fruit packet to Dabur.
Therefore, the Court directed that if the parties are willing to resolve the disputes amicably, the exercise should be carried out in the meantime. The matter was further listed for a hearing on 19-03-2024.
[Dabur India Ltd. v. Dhruv Rathee, 2024 SCC OnLine Cal 2181, Order Dated: 29-02-2024]
Advocates who appeared in this case:
For the petitioner: Senior Advocate Sudipta Sarkar, Advocate Debnath Ghosh, Advocate Biswarup Mukherjee, Advocate Pradipta Bose, Advocate Nilankan Banerjee
For the defendants: Senior Advocate Ranjan Bachawat, Advocate Nakul Gandhi, Advocate Satyaki Mukherjee, Advocate Yash Vardhan Deora, Advocate Eshna Mujeeb
Advocate Varun Pathak, Advocate Amee Rana, Advocate Trisha Mukherjee, Advocate Chetan Kr. Kabra, Advocate Ramayni Sood
Advocate Neel Mason, Advocate Phiroze Edulji, Advocate Soumili Choudhury, Advocate Priyanka Bhattacharya
