YouTuber Dhruv Rathee To Remove 'Targeted' References To 'Real Fruit Juice' From His Video: Calcutta High Court Grants Interim Relief To Dabur

Dhruv Rathee's recent video analyzing the health effects of fruit juices has landed the YouTuber in a legal battle with Dabur, which claims that he specifically disparaged their packaged fruit products 'Real' juice.

The Calcutta High Court on Wednesday granted interim relief to the company and directed Rathee to remove the offending portions from the video. Justice Ravi Krishan Kapur observed:

“Prima facie, at the ad interim stage even though the underlying intent of the impugned video may not be objectionable, in making repeated direct and brazen references to the product Real of the petitioner, the Lakshamanrekha or the Rubicon has been crossed. In my view, the petitioner’s product Real has been specifically targeted, denigrated and discredited in the impugned video.”

Dabur claims that Rathee, in his video, made "unfair comparisons" between carbonated soft drinks and RTS fruit beverages, and between fresh fruit juices and RTS fruits beverages. He further advised consumers to not consume packaged fruit juices stating that it leads to type 2 diabetes and hair loss. It is averred that the video made a brazen reference to “Real” fruit juices and Rathee mischievously blurred Dabur's registered logo only partially.

It was also alleged that Rathee used slides in the impugned video from Dabur’s promotional advertising which are easily relatable by the consumers at large to the product ‘Real’.

In this backdrop the court observed:

“The impugned video shows an earlier advertisement which had been aired by the petitioner in respect of its product Real and also shows the petitioner’s product Real in a blurred manner. The product of the petitioner Real has been repeatedly targeted both overtly and covertly in the impugned video. Any consumer would understand that the product shown in the impugned video is that of the petitioner’s product Real.”

The court said Rathee has violated Dabur's trademark by unauthorized use of the packaging, label and logo of the product Real in the impugned video. It said,

“The respondent no.1 in publishing and circulating the impugned video has also contravened the provisions of section 29 (9) of the Trade Marks Act, 1999 and the Copyright Act, 1957.”

The court thus directed Rathee to upload the impugned video only after removing the offending portions which make any reference to Dabur’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.

The court directed Dhruv Rathee to carry out aforesaid changes within 7 days.

The court ordered to list the matter again on March 22.

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

Coram: Justice Ravi Krishan Kapur

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