The Calcutta High Court recently directed YouTuber Dhruv Rathee to remove and restrain access of a Real Juice video from all URL/web links. A single-judge bench of Justice Ravi Krishan Kapur was hearing a suit for protection of the intellectual property rights filed by Dabur.
The bench mentioned: “The directions dated March 15, 2023 passed by this 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 till date.”
Dabur submitted that the impugned video continues to be aired and published in various digital platforms even after the interim order dated March 15, 2023.
The YouTuber neither presented before the court nor seeks any adjournment, the court noted.
Dabur claimed that on February 14, Rathee uploaded a video of 21 minutes and 59 seconds on his YouTube channel. The video specifically targets and disparages packaged fruit goods. It unfairly compares carbonated soft drinks with RTS fruit beverages. Therefore, Dabur filed a suit for protection of intellectual property rights.
Dabur contended that the video also informs the public that drinking bottled fruit juice causes hair loss and is harmful if consumed.
On February 15, Dabur requested Rathee to remove the video, but in the reply dated February 17, he refused to do it.
The bench after listening to all the contentions of the petitioner observed that the petitioner had established a strong prima facie case on the merits. The court has listed this matter for hearing on March 30.
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