Court Calls for Affidavit Hearing to Balance Consumer Interests with Brand's Reputation
In a significant development at the Calcutta High Court, Justice Sugato Majumdar presided over a case involving Dabur India Limited against Avanish Agarwal and others, seeking a prohibitory order against videos allegedly disparaging Dabur's "REAL Fruit Power" brand. The court scrutinized whether the consumer's right to information should outweigh the commercial interests of the brand.
The case, filed under the Commercial Courts Act, 2015, involved Dabur's grievance that the respondent had released videos with misleading and defamatory content, affecting the brand's reputation. The videos allegedly contained statements like "That Litchi Juice Has More Sugar Than Coke," which Dabur argues could mislead consumers and harm its brand value.
Dabur had previously issued a warning to the respondent on May 6, 2026, to cease such derogatory content. However, the respondent continued to release videos, prompting Dabur to seek judicial intervention. The petitioner argued that the videos not only mislead consumers but also constitute a deliberate attempt to tarnish the brand's image.
Justice Majumdar acknowledged Dabur's right to seek redress but emphasized the need to weigh consumer interests in the dissemination of information against Dabur's commercial interests. The court noted the prima facie evidence indicating that the respondent's claims were based on information printed on Dabur's product packaging.
In light of these considerations, the court refrained from granting an immediate injunction. Instead, it called for a hearing on affidavit to explore the matter further. Notices have been issued to the respondents, who were unrepresented during the proceedings, to submit their responses.
The case is set to be presented before the regular bench upon reopening, highlighting the court's cautious approach in balancing consumer rights with corporate interests.
Bottom line:-
Commercial Courts Act - Application seeking prohibitory order against dissemination of videos disparaging a brand's goodwill and reputation - Prima facie consumer interests and necessity of dissemination of information counterbalanced against commercial interests - Notice issued to respondents for hearing on affidavit.
Statutory provision(s): Commercial Courts Act, 2015, Section 12A; Letters Patent, 1865, Clause 12; Code of Civil Procedure, 1908, Order XI Rule 1(4) and Section 151
Dabur India Limited v. Avanish Agarwal, (Calcutta) : Law Finder Doc id # 2902704
