Dhruv Rathee Reserves His Right To Fair Speech And Expression, Agrees To Remove References To Dabur's Real Juice In His Video: Calcutta High Court Disposes Of The Matter As Parties Amicably Settle

In a recent development in the dispute between Dabur India Limited and Dhruv Rathee, Rathee has proposed to Calcutta High Court to settle the dispute amicably. The celebrated YouTube influencer, Rathee has agreed to either blur or replace the packaging resembling Dabur's 'Real' juice with generic fruit juice packaging in the disputed video without prejudice to his rights and contentions, including Rathee's right to freedom of speech and expression and to make fair comment.

The dispute before Justice Arindam Mukherjee of the Calcutta High Court centred around allegations by Dabur India Limited concerning references to its 'REAL' juice product in Rathee's video. The proceedings took a turn during a hearing on February 29, 2024, when Rathee proposed to blur images resembling Dabur's 'Real Juice' packet in the disputed video.

This proposal mirrored an earlier suggestion put forth by Rathee in a previous hearing. In response, Dabur India Limited submitted a letter dated February 29, 2024, outlining several measures, including a request to refrain from associating 'Packeted Juice' with type II diabetes. However, Rathee did not agree to abstain from commenting on other brands of packed fruit juices.

According to the court order dated June 18, 2024, Rathee proposed to blur or replace packaging resembling Dabur's 'REAL' juice with generic fruit juice packaging in the disputed video. This proposal was initially communicated via email on March 15, 2024, and subsequently accepted in principle by Dabur India Limited on March 19, 2024.

The agreement was further solidified when Rathee's legal team, on June 12, 2024, forwarded a modified version of the video, featuring the agreed-upon generic packaging. Dabur India Limited consented to these changes and allowed the video to be uploaded, published, or broadcasted without any references to Dabur's trademarks, copyright, labels, packaging, or advertisements related to the 'Real' brand.

Consequently, the Calcutta High Court has disposed the case and all related applications in accordance with the settlement reached between Dabur India Limited and Rathee.

Case Title: Dabur India Limited vs Dhruv Rathee And Ors.

Case Number: CS-COM/474/2024

Advocate for the Plaintiff: Mr. Debnath Ghosh, Adv. Mr. Biswaroop Mukherjee, Adv. Mr. Abir Debnath, Adv. Mr. Pradipta Bose, Adv.

Advocate for the Respondent: Senior Advocate Ranjan Bachwat, briefed by Nakul Gandhi (Managing Partner, NG Law Chambers) alongwith Yash Deora, Satyaki Mukherjee, Eshna, Mujeeb for defendant no. 1. Mr. Neel Mason, Adv. Mr. Phiroze Edulji, Adv. Mr. Ankit Rastogi, Adv. Ms. Roustavi Mukherjee, Adv. Ms.Priyanka Bhattacharya, Adv. ...for the defendant nos. 2 and 3 Ms. Amee Rana, Adv. for the defendant no.4

Date of Judgment: June 18, 2024

Click Here To Read/Download Order or Judgment