Calcutta High Court Directs Removal Of Dhruv Rathee's Fruit Juice Video After Non-Compliance Of Interim Order In Dabur's Plea

The single judge bench of Justice Ravi Krishan Kapur 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.”

It is to be noted that Rathee remained unrepresented throughout and also did not seek any adjournment in the matter.

Earlier, the Court vide order dated March 15, 2023 held that Rathee has prima facie violated the trademark and copyright protection afforded to the Dabur-petitioner, by the unauthorized use of the packaging, label and logo of the product Real in the impugned video.

The court through the abovementioned order dated March 15, 2023 directed Rathee to air, circulate and upload the impugned video only after removing the offending portions in the impugned video which makes any reference to the petitioner’s product Real and also not to make any use of the trademark, copyright content, trade dress, packaging label and logo of the petitioner’s Real brand of products.

However, it was submitted by the petitioner that notwithstanding the order dated March 15, 2023, the impugned video continued to be aired and published in various digital platforms.

The court noted:

“It is the plain and unqualified obligation of any person against or in respect of whom an order is made by a Court to obey the same unless and until the order has been set aside, modified or varied. The uncomprising nature of this obligation is fundamental to the Rule of Law.”

The court observed that there has been no compliance with the court’s order dated March 15, 2023 by the respondent no.1- Dhruv Rathee.

The court further observed:

“In view of the incalculable damage which the impugned video may have, in my view, the balance of convenience and irreparable injury is overwhelmingly in favour of further orders being passed.”

Thus, the court ordered to take down/remove/block and restrain access to the impugned video from all the URL/Web Links insofar as they are in the control and domain of the respondent nos. 2 to 4.

The court further directed that in case any other URL/Web Links contains/publishes/broadcasts the impugned video, the petitioner shall be at liberty to approach this Court to seek appropriate reliefs if necessary.

The court directed to list the matter again on March 30, 2023 for appropriate orders.

Case Title: Dabur India Limited v. Dhruv Rathee & Ors.

Citation: 2023 LiveLaw (Cal) 80

Coram: Justice Ravi Krishan Kapur

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