Delhi High Court.
| Photo Credit: Sushil Kumar Verma
The Delhi High Court has directed Internet giant Google to take down from YouTube certain “defamatory” videos, which targeted major brands including ‘Catch’ by alleging that Indian spices contain urine and cow dung.
The high court said it was convinced that creation and uploading of such videos “is a deliberate attempt to defame and disparage” the ‘Catch’ brand owned by multi-business corporation Dharampal Satyapal Sons Pvt. Ltd.
“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 high 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 ‘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 Dharampal Satyapal Sons Pvt. Ltd. seeking permanent restraint against defamation and disparagement of its products manufactured and sold under their registered trademark ‘Catch.’
The company said it has a large number of customers and its spices have exquisite flavours and aromas and it maintains the highest standards of quality and hygiene and conducts routine quality checks of its products.
It approached the court after coming to know about the videos claiming that all Indian spices contain cow urine and cow dung and they targeted major brands trading in spices, including its brand.
“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,” the high court noted.
