The Delhi High Court has directed internet giant Google LLC to block or take down from YouTube certain “defamatory” videos, which targeted major brands including ‘Catch’ by alleging that Indian spices contain urine and cow dung, in case they resurface.
The high court said it was convinced that creation and uploading of such videos by defendants is a “deliberate attempt to defame and disparage” the plaintiff’s goods bearing 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 said.The two defendants who had allegedly uploaded the videos were proceeded ex parte by the court since they did not join the hearings.
The court was informed by the counsel for Google that following its earlier directions, action was taken and the three videos were no longer available for viewing.
The high court said the two defendant channels — TYR and Views NNews — maliciously uploaded the videos containing derogatory and untrue remarks against Indian spices, particularly those sold under plaintiff’s ‘Catch’ brand.
“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 said.The high court’s order came on a suit by the plaintiff seeking permanent injunction restraining defamation and disparagement of its products manufactured and sold under their registered trademark ‘CATCH.’
