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RAVI KRISHAN KAPUR
Dabur India Limited – Appellant
Versus
Dhruv Rathee – Respondent
JUDGMENT :
RAVI KRISHAN KAPUR, J.
1. This is a suit for protection of the intellectual property rights of the petitioner.
2. The petitioner is a leading manufacturer and distributor of Fast Moving Consumer Goods. The petitioner manufactures and markets products under its house mark Dabur. The petitioner also manufactures and sells fruit juices and ready to serve beverages under the brand name Real. The petitioner has spent huge sums in advertising products sold under the brand name Real and has also earned tremendous goodwill and reputation both in the domestic and the international market. The petitioner is also the registered proprietor of the trademark “REAL, REAL FRUIT POWER, FRUIT POWER, REAL ACTIVE” wordmark, logos and labels in class 32 which have continuously and uninterruptedly been used by the petitioner.
3. The respondent no. 1 is a social media influencer and claims to be a “YouTube educator” having a YouTube channel by the name of “Dhruv Rathee” at URL: https://www.youtube.com/@dhruvrathee/featured. The respondent no. 1 also claims to have a number of followers and is also active on Facebook, Twitter, Instagram. The respondent nos. 2 to 4 are social media platforms.
4. On 1
The deliberate attempt to defame and disparage Plaintiff's goods, trademark infringement, and copyright infringement were key legal principles established in the judgment.
The court's decision was influenced by the provisions of the CPC related to interim orders, affidavits, and inherent powers of the court.
The main legal point established in the judgment is that the trial court must follow the mandate provided under Order VII Rule 10A(1) of the CPC when returning a plaint, and there must be a cause of ....
Advertisements can highlight a product's strengths, but not disparage competitors. Misleading claims, even when made as puffery, may be actionable.
Descriptors like 'ordinary' or 'sadharan' do not constitute disparagement unless linked to a specific product, balancing trademark protection with freedom of speech.
Defamation claims must be substantiated with evidence; interim injunctions can be granted to restrain publication of statements deemed severely defamatory.
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