The Calcutta High Court has ordered social media platforms such as YouTube, Instagram, and Facebook to remove or block access to a video by content creator Dhruv Rathee, in which he allegedly "denigrated and targeted" Dabur India's Real fruit juice. Despite a previous court order to remove offending portions of the video, it continued to be aired and published on various digital platforms, prompting the recent decision.
The court held that Rathee had prima facie violated trademark and copyright protection laws by using the packaging, label, and logo of Dabur's Real product without authorization. In the earlier order, Rathee was directed to air, circulate, and upload the video only after removing any references to the petitioner's product, and not to use the trademark, copyright content, trade dress, packaging label, or logo of the Real brand of products. However, the petitioner claimed that Rathee had not complied with the court's order.
The court emphasized that it is the obligation of any person to obey court orders unless and until they have been set aside, modified, or varied, as this is fundamental to the rule of law. Since there has been no compliance with the earlier court order, the balance of convenience and irreparable injury overwhelmingly favors further orders being passed, the court noted.
As a result, the court ordered that the impugned video be taken down, removed, or blocked, and access restrained from all URLs and web links insofar as they are under the control and domain of the respondents. In case any other URL or web link publishes or broadcasts the video, the petitioner may approach the court for appropriate relief.
It is noteworthy that Rathee remained unrepresented throughout the case and did not seek any adjournment. The matter has been listed for further orders on March 30, 2023. The case title is Dabur India Limited v. Dhruv Rathee & Ors., and the single judge bench of Justice Ravi Krishan Kapur heard the matter.
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 "Calcutta High Court, Dhruv Rathee, Dabur’s product ‘Real’ fruit juice, remove video, social media platforms, Dabur India Limited")
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