Delhi High Court Orders Removal Of Allegedly 'Disparaging' Articles Against AMUL Products

The Delhi High Court has ordered removal of the articles titled "WHITE LIE OF AMUL AND BLACK TRUTH OF ANIMAL MILK" from a website named ditchdairy.in and its facebook page .

The court has also restrained the defendants from uploading of articles identical or similar to the said articles on the website / Facebook account till the next date of hearing.

Gujarat Cooperative Milk Marketing Federation had approached the High Court alleging that the libelous and disparaging article specifically targeted their milk and milk products under the well-known brand and trademark "AMUL". They alleged that the website DitchDairy.in, belonging to one Chetan Padilya creates a bias, fear psychosis and prejudice in the minds of the public at large against milk and dairy products and also promotes a false narrative that the derivation of milk and milk products by the plaintiffs and their members is done by inflicting cruelty on animals and falsely claiming that dairy products are the cause for several fatal diseases like cancer etc. In the suit, they claimed the following reliefs:

i. Pass a decree of permanent and mandatory injunction directing the Defendant No.1 to permanently remove the article WHITE LIE OF AMUL AND BLACK TRUTH OF ANIMAL MILK" (available at https://ditchdairy.in/movement/white-lies- of-amul) and from Facebook account "https://www.facebook.com/boycottmilk" and / or any other social media platform or website where the Articles have been uploaded.

ii. Pass a decree of permanent and mandatory injunction restraining the Defendant No.1 from uploading articles identical or similar to the article titled as WHITE LIE OF AMUL AND BLACK TRUTH OF ANIMAL MILK" (available at https://ditchdairy.in/movement/white-lies-of-amul"), in the future, in any social media platform, websites or anywhere in the internet or anywhere in print or electronic media.

iii. Pass a decree of permanent and mandatory injunction restraining the Defendant No.1 from spreading false narrative regarding dairy products, using the other articles on his website and products of the Plaintiffs or ay products which are identical or deceptively similar to the advertisement and products of the Plaintiffs, in any workshop, event or any other public platform or anywhere in the internet or anywhere in print or electronic media.

iv. Pass a decree of permanent injunction restraining Defendant No.1 and anyone acting for and on their behalf from in any manner dealing with the Plaintiffs' "AMUL" trademarks or their logos or any word deceptively similar to the Plaintiff's "AMUL" trademark.

v. Pass a decree of permanent injunction directing the Defendant No.2 and their employees, servants, agents, representatives, assignees, to permanently suspend / block / delete and not to offer for sale, domain names / websites owned by Defendant No.1.

vi. Pass a decree of permanent and mandatory injunction against Defendant No.3 restraining them from uploading on its platform i.e. Facebook, any Page identical or similar to the Facebook Page titled as SKIP MILK, ADD MERCY".

vii. Pass a decree directing the Defendant No.1 to tender an unconditional apology to the Plaintiffs on its website as well as other platforms like Facebook, Instagram etc. viii. Pass a decree awarding damages to the tune of Rs.2,01,00,000/- in favour of the Plaintifs against the Defendant No.1; and ix. Any other relief that this Court may deem fit and proper while looking into the facts and circumstances of the case."

Pressing for the interim order, the plaintiff contended that these 'libelous and degrading and mocking' article is causing grave injury to their highly earned goodwill and reputation.

"This Court is of the view that the plaintiffs have made out a prima facie case for grant of interim ex- parte order. The defendant No.1 is directed to remove the articles "WHITE LIE OF AMUL AND BLACK TRUTH OF ANIMAL MILK" available at https://ditchdairy.in/movement/white-lies-of-amul and from Facebook account https://www.facebook.com/boycottmilk and is also restrained from uploading articles identical or similar to the said articles on the above website / facebook account till the next date of hearing.", Justice V. Kameswar Rao said in its interim order.

In another plea moved by the Gujarat Cooperative Milk Marketing Federation (GCMMF) Limited, the High Court had 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.

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