MARICO LIMITED Vs. ABHIJEET BHANSALI

JUDGEMENT

(1.) The rapid expansion and commercialisation of the Internet has brought forth novel legal disputes which challenge the conventional principles and precedents which apply to them. The present matter is an example of just that.

(2.) According to the Plaintif ­ Marico Limited, the Plaintif is one of the leading players in the Fast Moving Consumer Goods (FMCG) market in India, that manufactures and markets inter alia packaged edible oil, edible coconut oil, oats, hair oil, beauty products and other personal care product(s) under its portfolio of various well-known and prestigious brands; that one of the Plaintiffs most well-known trademarks is PARACHUTE under which it markets inter alia its edible coconut oil; that the trademark PARACHUTE is amongst the most reputed brands owned by the Plaintif, and the product sold under the mark PARACHUTE is known to be synonymous with edible coconut oil of excellent and impeccable quality; that the Plaintif has secured registration of its trademark PARACHUTE bearing registration all in Class 29; that the Plaintif has undertaken extensive promotion of its edible coconut oil sold under the brand PARACHUTE in various media; that the Plaintif manufactures its PARACHUTE oil in accordance with the extant regulations and the ingredients of the same are compliant with the regulations in force; that the Plaintif has also obtained necessary licenses under the Food Safety and Standards Act, 2006 and has complied with the provisions relating to ingredients, formulation and labelling under the extant regulations; that the Plaintiffs PARACHUTE edible coconut oil is 100% pure, natural and unrefned expeller pressed coconut oil; which is a) unrefned; b) unbleached c) non-hydrogenated d) non-deodorized e) without solvents and (f) retains all its natural nutrients; that the Plaintiffs product - edible coconut oil bearing the mark PARACHUTE enjoys immense reputation and goodwill amongst the general public; that in the Indian market, the Plaintif is the market leader in the category of edible coconut oils and holds 46.7% of the market share in respect of the same.

(3.) The Ld. Senior Advocate for the Plaintif submitted that the Defendantfs video is a targeted attack directed against the Plaintiffs product made with an attempt to attract more viewers towards his video. He submitted that the Impugned Video provides incorrect information and deceives the viewer into believing that the tests conducted therein substantiate the claim of the Defendant that the Plaintiffs product is of inferior quality and / or is inferior to other oils.