Patanjali Ayurved Ltd. v. Meta Platforms Inc. & Ors
In the Superior Court of Delhi
FAO 280/2023 and CM App. 56965/2023
Right before Justice Dharmesh Sharma
Decided on November 7, 2023

Relevancy of the circumstance: Making use of a registered trademark devoid of authorisation for marketing undergarments by means of on the net video clips quantities to trademark infringement.

Statutes and Provisions Included

• The Data Technology Act, 2000 (Part 2(w), 79)
• The Code of Civil Process,1908 (Area 106, Purchase XLIII Rule 1, Buy VII Rule 10)
• The Commercial Courts Act, 2015 (Part 2(c)(xvii))

Pertinent Details of the Circumstance

• The plaintiff/appellant manufactures and distributes different health care products using its registered trademark ‘PATANJALI’.
• One particular of the defendants/respondents posted a video clip on web platforms advertising and marketing men’s undergarments making use of the plaintiff’s trademark and pictures of its manufacturer ambassadors devoid of authorisation.
• Other defendants/respondents, the internet platforms (YouTube and Facebook) are creating income from the stated video’s views.

Popular Arguments by the Advocates

• The counsel for the respondents argued that no proceedings can be introduced versus them as they are only intermediaries under Section 2(w) and are exempted from any legal responsibility under Part 79 of the Information and facts Technologies Act, 2000.

Feeling of the Bench

• The video clip was made to attain more viewership of the channel/web connection, even though the plaintiff is not into producing undergarments. The video utilised the plaintiff’s trademark, which amounts to infringement of the plaintiff’s legal rights underneath the Trade Marks Act, 1999.
• YouTube and Fb have produced income owing to the publication and continuous viewership of the video clip.
• The existing situation is a trademark go well with, and it lies in just the jurisdiction of commercial courts.

Final Selection

• The bench allowed the attraction and returned the plaint to the demo court docket.

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Aditi Mangesh Sawant, an undergraduate pupil at NMIMS Kirit P Mehta School of Legislation, Mumbai, well prepared this scenario summary through her internship with The Cyber Weblog India in January/February 2024.