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Cow Video Row- Explain How 'Amul' Is Being Cruel To Cows: Delhi High Court Asks Uploader To Respond On Amul's Plea
Sparsh Upadhyay
14 Dec 2020 5:42 AM GMT
The Bench refrained from passing any ad interim injunction and granted an opportunity to the video uploader to reply.
In a plea moved by the Gujarat Cooperative Milk Marketing Federation (GCMMF) Limited, which sells milk and dairy products under the 'Amul' trademark, the Delhi High Court has sought the response of a man named Nitin Jain to explain as to how Amul or even the members of its society are indulging in cruelty to the Cows as envisaged in the videos uploaded by him. The Bench of Justice...
In a plea moved by the Gujarat Cooperative Milk Marketing Federation (GCMMF) Limited, which sells milk and dairy products under the 'Amul' trademark, the Delhi High Court has sought the response of a man named Nitin Jain to explain as to how Amul or even the members of its society are indulging in cruelty to the Cows as envisaged in the videos uploaded by him.
The Bench of Justice Mukta Gupta refrained from passing any ad interim injunction and granted an opportunity to the defendant No.1 (Nitin Jain, the man who uploaded the videos in question) to file his reply.
The matter before the Court
A plea has been moved by the Gujarat Cooperative Milk Marketing Federation (GCMMF) Limited, seeking removal of certain videos alleging that they are being cruel to cows.
In its suit, Gujarat Cooperative Milk Marketing Federation (GCMMF) has sought the removal of the videos from YouTube and Facebook, claiming that the person who has uploaded those is targeting it.
The suit has also contended that the videos uploaded by Nitin Jain using the mascot of Amul in the video "were slanderous and disparaged and denigrated the Amul brand and trademark".
As per media reports, videos, titled "Unholy Cattle of India: Exposing Cruelty in the Indian Dairy Industry".
It was argued by Counsel for defendant No. 1 (Nitin Jain, the man who uploaded the video in question) that the videos are in public domain since the year 2018 and he claimed exception under Section 29 of the Trade Marks Act, claiming that he is not using the trademark of the plaintiff for commercial purposes.
In view of the said submission, the Court did not grant any ad interim injunction and granted him the opportunity to file his reply.
The Court, in its order, said,
"The defendant No. 1 in its reply affidavit will also show how the plaintiff (Gujarat Cooperative Milk Marketing Federation Ltd.) or even the members of its society are indulging in cruelty to the Cows as envisaged in the videos and why the mascot of the plaintiff has been used."
Along with the reply affidavit, the defendant No. 1 has also been directed to state, whether he obtained any profits out of the videos uploaded and if yes, the statement of accounts thereof.
Case title - Gujarat Cooperative Milk Marketing Federation ltd. & Anr. v. Nitin Jain & Ors. [CS(COMM) 540/2020]
Read Order
