The Calcutta High Court has ordered YouTube and social media platforms like Facebook and Instagram to “take down/remove/block and restrain” access to Youtuber Dhruv Rathee’s video containing references to Dabur’s Real fruit juice product from all the “URL/WebLinks” in their control, as reported by LiveLaw on March 27, 2023. The order comes in after Rathee failed to comply with the High Court’s March 15 directions to upload the video removing “offending portions” or references to the product. Justice Ravi Krishan Kapur, in his order, observed: “I find that the directions dated 15th March, 2023 passed by this Court categorically permitted the respondent no. 1 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.” The order also stated that Dabur can approach the Court for “appropriate reliefs” if the video is published on other platforms. What’s the case? Dabur moved the HC claiming that Rathee’s video, posted on February 14, 2023, analysing the health benefits of packaged fruit juice products “disparaged” its product and made an “unfair comparison” between soft drinks and ready-to-serve food, thereby discouraging people to consume fruit juices. In its petition, the company also stated that the YouTuber used portions of their ad videos and “intentionally and maliciously obscured the registered mark/logo ‘Real Fruit Power’” causing damage to its reputation. Dabur had asked Rathee to remove the video, but he refused to do…
