The Calcutta High Court recently ordered YouTube and other social media platforms to take down or block public access to a video of popular content creator Dhruv Rathee in which he has “denigrated and targeted” Dabur India’s Real fruit juice [Dabur India v. Dhruv Rathee].
Justice Ravi Krishan Kapur noted that in his video, Rathee crossed the “Lakshman rekha” and targeted Real by comparing it with fresh fruit juices and showing how it affects the health and hair growth of people, especially children.
The judge noted that the video in question makes a clear and brazen reference to Real and uses slides from an earlier advertisement which had been aired by Dabur.
“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.
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 Lakshaman Rekha or the Rubicon has been crossed,” the judge said in its order dated March 15.