New Delhi: The Delhi High Court has directed Google LLC to block or take down from YouTube sure “defamatory” videos claiming that Indian spices manufactured by main manufacturers, together with ‘Catch’, contain cow urine and dung, in case they resurface. The defendants’ creation and importing of such videos, in accordance to the High Court, is a “deliberate attempt to defame and disparage” the plaintiff’s merchandise that bear the “Catch” mark.
“A perusal of the comments to said YouTube videos show that members of the public are being influenced and led into believing such false statements, causing grave prejudice to Plaintiff (Dharampal Satyapal Sons Pvt Ltd). Considering the easy and unrestricted access, there is a high probability that the defamatory videos could be shared/seen by a large number of unsuspecting members of the public,” Justice Sanjeev Narula stated.
Due to their absence from the proceedings, the courtroom proceeded ex parte in opposition to the 2 defendants who’re accused of importing the movies. Google’s authorized consultant knowledgeable the courtroom that, in accordance with its earlier directions, the motion was taken and the three videos had been eliminated now not obtainable for viewing.
‘TYR and Views NNews — maliciously uploaded videos’
The excessive courtroom stated the 2 defendant channels — TYR and Views NNews — maliciously uploaded the videos containing derogatory and unfaithful remarks in opposition to Indian spices, notably these offered underneath the plaintiff’s ‘Catch’ model.
“Their malafide is further manifested by their inaction in removing the infringing content from YouTube after the plaintiff had raised a complaint, which was duly acknowledged by defendant no. 2,” it stated.
The excessive courtroom’s order got here on a go well with by the plaintiff in search of a everlasting injunction restraining defamation and disparagement of its merchandise manufactured and offered underneath their registered trademark ‘CATCH.’ The firm stated it has a lot of prospects and its spices have beautiful flavours and aromas and maintains the very best requirements of high quality and hygiene and conduct routine high quality checks of its merchandise.
‘All Indian spices contain cow urine and cow dung’
It approached the courtroom after coming to know in regards to the videos claiming that each one Indian spices contain cow urine and cow dung and so they focused main manufacturers buying and selling in spices, together with its model. The plaintiff stated the videos had been proven with a voiceover operating defamatory and disparaging statements about its merchandise.
The excessive courtroom decreed the go well with in favour of the plaintiff and in opposition to the 2 defendant channels and stated the videos contain defamatory remarks in opposition to the plaintiff’s merchandise with none foundation.
“Plaintiff has placed on record a list of ingredients contained in their products/ spices advertised in the impugned videos. They have obtained certifications from all concerned regulatory bodies and have even presented reports of an independent food analysis from a certified laboratory, which do not indicate presence of cow dung, cow urine or any other contaminants, as alleged in the impugned videos,” it stated.
It added that there is no such thing as a authoritative materials or underlying motive or assumption for the 2 defendants to make false claims and disseminate fallacious data underneath the garb of showing the ‘reality/ information about Indian spices. “It is directed that within the occasion the impugned videos 1, 2 and three resurface on defendant no.1’s YouTube platform, the plaintiff shall be at liberty to provide the involved URLs to defendant No.1 (Google LLC), who shall take acceptable motion to block/ take down the identical, in accordance with the legislation.
“However, in case defendant No.1 comes to the conclusion that the content is not identical to the impugned videos which have been injuncted, they shall inform the plaintiff of the same, within a period of one week from the date of receipt of the request, whereafter plaintiff shall be free to take recourse to appropriate measures available under law,” the courtroom stated.
(With PTI inputs)
