Copyright Infringement: Bombay High Court Orders YouTuber 'Flying Beast' To Remove Videos Featuring Castrol's Zero-Gravity Flight Experience

The Court also ordered Taneja to remove two videos from his YouTube channels that featured the experience, as he did not credit Castrol or its campaign in the videos.

Castrol India Ltd (plaintiff), an Indian multinational company that manufactures lubricants required for automobiles, launched its 'Castronomy' campaign in April 2024. Under the campaign, it commissioned video bloggers to capture zero-gravity flight experience.

Castrol engaged a marketing agency (defendant no. 2) for its Castronomy campaign. The agency liaised with Gaurav Taneja (defendant no. 1) to participate in the campaign.

An arrangement was reached between Taneja and Catrol, where Catrol agreed to bear the entire cost including travel to USA, accommodation and participation in the zero-gravity flight experience.

Castrol states that Taneja was afforded the benefit of leveraging the content of the zero-gravity flight experience approved by Castrol for use on his own social media channels.

When he arrived in the USA, Taneja along with one Eric Decker, an American YouTube vlogger, participated in the experience from 13 to 15 May.

Over the course of three days, Taneja recorded videos and took photographs of the event ('Raw Data') under Castrol's creative direction and as per its campaign guidelines. Decker also collaborated with Taneja and assisted him creating content for the campaign.

After the experience, Taneja's representative shared a copy of the first video forming part of Collab Content with the agency for review via a private YouTube link. In the video, Taneja talked about Castronomy campaign and Castrol's products as per the campaign guidelines.

However, Castrol alleges that Taneja demanded a payment of Rs. 30 lakhs from it for delivering the Raw Data and Collab Content. Castrol states that Taneja has not delivered the Raw Data and the Collab Content to it till date.

It is stated that on 29 October, Taneja uploaded a video titled “Ready to go in Zero Gravity with @airrack” on his YouTube channel. On 1 November, he uploaded another video on his YouTube channel titled “Flying in ZERO GRAVITY”. These videos did not give given credit to Castrol and did not promote the Castronomy campaign.

Castrol states that Taneja has unauthorizedly utilized substantial parts of the Raw Data to create and upload the impugned content.

It stated that Castrol and the agency made several requests to Taneja to remove the impugned content. It also stated that the agency without its knowledge offered to pay Taneja Rs. 5 laks to take down the content.

Castrol thus sought injunction against Taneja for copyright infringement of its cinematograph films and photographs to to further take down the impugned content from his social media accounts.

Justice R.I. Chagla noted that prima facie Castrol appears to be the producer of the Raw Data and Collab Content and the first owner of the copyright.

It opined that Taneja unauthorizedly uploaded and leveraged the impugned content on his social media accounts.

It remarked, “In view thereof, by exploiting the Raw Data without the authorisation of the Plaintiff, the Defendant No. 1 in my prima facie view has infringed the Plaintiff's copyright subsisting in the Raw Data.”

The Court observed that the first video shared with the agency promoted Castrol and its products/campaign, while the impugned video shared omitted such promotion indicates dishonesty on part of Taneja.

It thus stated that balance of convenience is in favour of Castrol and unless reliefs are granted, Castrol would suffer suffer irreparable injury.

The Court issued a temporary injunction, restraining Taneja and his agents, associates or any person acting under him from infringing Castrol's copyright in the Raw Data and Collab Content on any platform. It further directed Taneja to delete the impugned content on his social media channels.

Case title: Castrol India Ltd. vs. Gaurav Taneja & Anr. (Interim Application (L) No.35454 of 2024 in COMM IPR Suit (L) No.35287 of 2024)

Counsel for Plaintiff/Applicant: Mr. Hiren Kamod, Mr. Prem Khullar, Ms. Neha Iyer, Mr. Vaibhav Kenia nd Ms. Proutima Ray i/b. Legasis Partners