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The Court observed that many accounts on YouTube channels and Meta’s social media platforms are using modern day technology to modify the voice, image, likeness etc. of Sadhguru to garner more views and subscribers to piggyback on his name and reputation.
In the present case, a social media influencer-Defendant 3, was the owner of Instagram handle “@hustlewithhritik”, and uploaded the reel titled “Never Use Dettol in your Skin” featuring the offending portion of the impugned podcast.
The systematic, organised and intentional nature of the infringement, and the regularity and consistency with which the said content is being updated/ uploaded on the said “rogue websites” shows the extent of the violation of the rights of the plaintiff in real time.
“An average consumer with an imperfect recollection is likely to be deceived into thinking that the plaintiff has opened a new ‘SOCIAL’ outlet in Vadodara, Gujarat where the defendant is operating its outlet.”
The Delhi High Court directed the respondents to consider releasing petitioner’s terminal benefits by taking into account the higher salary which he was drawing during the 14 years when he was working as a Research Officer.