News Mania Desk/ Agnibeena Ghosh/23rd June 2024
The Calcutta High Court has resolved the lawsuit filed by Dabur India Limited against YouTuber Dhruv Rathee following a settlement concerning the use of ‘REAL’ trademarks, copyrighted content, labels, and packaging in his video. Justice Krishna Rao’s bench acknowledged the agreement, stating that since the defendant, Dhruv Rathee, consented to remove all references to the ‘REAL’ trademarks and related materials from his video, Dabur had no objections to the modified video being uploaded, published, and broadcasted.
The legal representation for the appellant, Dabur India Limited, was led by Advocate Debnath Ghosh, while Senior Advocate Ranjan Bachawat represented the respondent, Dhruv Rathee.
Previously, the court had suggested that the disputes could be settled if Rathee agreed to blur or remove any fruit juice packaging in his video that appeared identical or deceptively similar to Dabur’s products. Dhruv Rathee, maintaining his rights to freedom of speech and fair comment, agreed to this request. He proposed to blur the specific packaging and use generic fruit juice packaging instead, a proposal that Dabur accepted in principle through email correspondence.
Subsequently, Dhruv Rathee provided a revised video featuring the generic packaging, which met the court’s conditions. The court noted that both parties agreed that there was no further need to keep the suit and related applications pending, leading to the settlement and disposal of the case.
The court did not delve into the issues of trademark infringement, disparagement, or the defenses of fair criticism and freedom of speech, as the settlement rendered these matters moot. The case, titled Dabur India Limited v. Dhruv Rathee, saw the involvement of a substantial legal team. Representing the appellant, Dabur India, were Advocates Debnath Ghosh, Biswaroop Mukherjee, Abir Debnath, and Pradipta Bose. On the respondent’s side, Dhruv Rathee, the legal team included Senior Advocate Ranjan Bachawat, and Advocates Satyaki Mukherjee, Nakul Gandhi, Yash Vardhan Deora, Eshna Kumar, Mujeeb Rahman, Neel Mason, PhirozeEdulji, Ankit Rastogi, Roustavi Mukherjee, Priyanka Bhattacharya, and Amee Rana.
This case highlights the importance of resolving intellectual property disputes amicably, particularly in the digital age where content creators and corporations often find themselves at odds. The settlement between Dabur and Dhruv Rathee serves as a precedent for similar cases, demonstrating that through negotiation and mutual agreement, disputes can be settled without prolonged litigation.
The resolution also underscores the delicate balance between protecting trademark rights and upholding freedom of speech. While Dabur successfully safeguarded its ‘REAL’ trademark, Dhruv Rathee maintained his right to comment and critique, provided the infringing content was appropriately modified.
This case closure is a reminder of the evolving landscape of digital content creation, where intellectual property rights must be respected, yet freedom of expression remains a fundamental right. As the digital world continues to grow, such settlements may become more common, offering a pathway for resolving disputes without the need for extensive court proceedings.
