Delhi High Court Orders Removal of Disparaging Content Against Indospirit's 'BROCODE'

Court restrains YouTube and social media influencer from spreading defamatory content, protecting trademark rights of 'BROCODE'

In a significant ruling, the Delhi High Court has ordered the removal of a video deemed defamatory against Indospirit Beverages Private Limited's popular alcoholic beverage, 'BROCODE'. The video, published by a social media influencer on platforms including YouTube, labeled the product as "poisonous" and "not fit for consumption", prompting Indospirit to seek legal recourse. Justice Tejas Karia, overseeing the proceedings, found that the plaintiff had established a prima facie case of trademark infringement and disparagement with substantial documentary evidence, including test reports and regulatory clearances.

The court has restrained Defendant No. 2, the influencer operating the YouTube channel 'Sipp-Smart', from publishing, circulating, or disseminating the disparaging content. The influencer is required to remove the video within 24 hours of receiving the court's notice. Failing compliance, Defendant No. 1, Google LLC, which owns YouTube, is directed to take down the video within 72 hours of notification from Indospirit. Google must also provide subscriber information related to the influencer, ensuring accountability and transparency.

Indospirit argued that the video falsely claimed the product 'BROCODE' contained harmful ingredients and exaggerated its alcohol content. The plaintiff emphasized its compliance with safety standards and regulatory norms, supported by certifications from the Food Safety and Standards Authority of India (FSSAI) and the Bureau of Indian Standards (BIS). The court acknowledged the harm such unsubstantiated claims could cause to Indospirit's reputation and consumer trust, highlighting the potential irreparable injury to the brand's market standing.

Justice Karia's decision underscores the legal protections afforded to trademark holders against disparaging and defamatory content, particularly in the digital age. The ruling also reinforces the intermediary liability of platforms like YouTube in monitoring and removing content that infringes on trademark rights and damages reputations.

The court's directive is part of a broader injunction against the defendants from engaging in unfair trade practices, marking a victory for Indospirit in safeguarding its brand and consumer trust. The case is set for the next hearing on February 4, 2026, allowing time for replies and further deliberations.

Bottom Line:

Trade Mark Infringement and Disparagement - Defendant restrained from publishing, circulating, or disseminating disparaging content about Plaintiff's product 'BROCODE' and infringing its trade mark.

Statutory provision(s): Commercial Courts Act, 2015 Section 12A, Order XXXIX Rules 1 and 2 of CPC, Section 149 and Section 151 of the Code of Civil Procedure, 1908

Indospirit Beverages Private Limited v. Google LLC, (Delhi) : Law Finder Doc Id # 2792170