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Court noted that Rathee had not complied with the earlier order dated March 15, 2023.
The Calcutta High Court recently directed You tuber, Dhruv Rathee, to remove a video from his YouTube channel pertaining to packaged fruit goods which includes references to Real fruit juice. The Court was hearing a plea filed by Dabur for the protection of intellectual property rights.
A single-judge bench of Justice Ravi Krishan Kapur directed Rathee to remove and restrain access to the impugned video from all URL/Web Links insofar as they are in the control and domain of social media (respondent no 2 to 4) on the ground that by the previous order, the court had directed the You tuber to remove the offending and targeting portions from a video which includes any reference to Real fruit juice.
The bench underscored, “The directions dated March 15, 2023, passed by the court categorically permitted Youtube to publish, circulate and upload the impugned video only after removing the offending portions in the impugned video which made any reference to the petitioner’s product. This direction has not been complied with to date.”
Dabur also submitted that the impugned video continues to be aired and published on various digital platforms even after the interim order dated March 15, 2023.
The You tuber neither presented before the court nor sought any adjournment.
Dabur claimed that on February 14, 2023, Dhruv Rathee uploaded a video of 21 minutes and 59 seconds on his youtube channel. The video specifically targets packaged fruit goods. It also compares carbonated soft drinks with RTS fruit beverages. Therefore, Dabur filed a suit for the protection of intellectual property rights.
Dabur contended that the video informs the public that drinking bottled fruit juice causes hair loss and is harmful if consumed.
On February 15, 2023, Dabur requested Rathee to remove the video, but in the reply dated February 17, 2023, he refused to do the same.
On March 15, 2023, court after listening all the contentions of the petitioner observed that the petitioner had established a strong prima facie case on the merits and directed You tuber, Dhruv Rathee, to remove the offending and targeting portions from a video that includes any reference to Real fruit juice.
The court has now listed this matter for further hearing on March 30, 2023.
Case Title: Dabur India Limited vs. Dhruv Rathee & Ors.
Statute: The Trade Marks Act,1999 and the Copyright Act, 1957
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