LAWS(CAL)-2023-3-95

DABUR INDIA LIMITED Vs. DHRUV RATHEE

Decided On March 15, 2023
DABUR INDIA LIMITED Appellant
V/S
Dhruv Rathee Respondents

JUDGEMENT

(1.) This is a suit for protection of the intellectual property rights of the petitioner.

(2.) The petitioner is a leading manufacturer and distributor of Fast Moving Consumer Goods. The petitioner manufactures and markets products under its house mark Dabur. The petitioner also manufactures and sells fruit juices and ready to serve beverages under the brand name Real. The petitioner has spent huge sums in advertising products sold under the brand name Real and has also earned tremendous goodwill and reputation both in the domestic and the international market. The petitioner is also the registered proprietor of the trademark 'REAL', 'REAL FRUIT POWER', 'FRUIT POWER', 'REAL ACTIVE' wordmark, logos and labels in class 32 which have continuously and uninterruptedly been used by the petitioner.

(3.) The respondent no.1 is a social media influencer and claims to be a "YouTube educator" having a YouTube channel by the name of "Dhruv Rathee" at URL:https://www.youtube.com/@dhruvrathee/featured. The respondent no.1 also claims to have a number of followers and is also active on Facebook, Twitter, Instagram. The respondent nos. 2 to 4 are social media platforms.