Delhi High Court Orders Influencer to Remove Defamatory Video Against Complan
United & United
Boutique IP law firm in India; serving a diverse clientele, including Fortune 500 corporations, SMEs, and startups
The Delhi High Court ordered businessman and health influencer Prashant Desai to remove a video he posted on Instagram criticizing the powdered drink mix Complan. The court’s decision came in response to a lawsuit filed by Zydus Wellness Products Ltd., the Ahmedabad-based manufacturer of Complan, which claimed that the video infringed upon their trademark and copyrights, and defamed the brand.
The case, Zydus Wellness Products Ltd. vs. Mr. Prashant Desai, was heard by Justice Saurabh Banerjee, who ruled that Desai’s video disparaged Complan, a registered trademark of Zydus. The court imposed a two-week deadline for Desai to remove the video from all of his social media accounts.
The controversy began when Zydus became aware of Desai’s Instagram video, in which he compared Complan to two other well-known drink brands, Bournvita and Horlicks. In the video, Desai advised against mixing any of the three products with milk for children, saying, “Bournvita, Complan, Horlicks, don’t mix them in the milk in the morning for your kids.” He further stated, “Don't feed these to your kids, improve their health,” making specific reference to Zydus’s Complan Pista Badam Carton.
Zydus argued that Desai’s statements misrepresented the nutritional value of Complan and were defamatory. The company contended that the video tagline, “These three foods are spoiling your kid’s health,” had unfairly tarnished the reputation of their product. They further claimed that Desai’s video disseminated misleading information about Complan’s nutritional composition, potentially damaging the trust of consumers.
Before pursuing legal action, Zydus initially reached out to Desai via Instagram, requesting him to stop infringing on their registered rights. When Desai failed to respond, Zydus served him a formal legal notice. However, instead of complying, Desai posted a screenshot of the legal notice on Instagram, accompanied by the caption: “And then when we say that their products mostly contain sugar… WE ARE SERVED.”
领英推荐
In court, Zydus argued that Desai’s video was a clear attempt to manipulate consumer perception by spreading false information. The company insisted that the content had preyed on consumer ignorance and undermined confidence in Complan’s nutritional value. Justice Banerjee ruled in favor of Zydus, finding that Desai’s video had violated the company's trademark and infringed its copyrights.
The court’s ruling marks a significant victory for Zydus, who successfully resolved the trademark and copyright infringement litigation. Desai has been given two weeks to remove the video from all of his social media platforms.
Read the judgement - Click here
English language reviewer and editor
5 个月Prashant Desai posts nutrition-related videos here in LinkedIn too. His postings are based on scientific evidence and are intended to sound a note of caution to the members in the social media to be careful in what they buy and not to get misled by the glitzy but untruthful ads and claims some food and beverages companies put up for consumer consumption. Revant Himatsingka (Food Pharmer) is another such crusader who has made consumer enlightenment their life mission in order to improve the health of millions of adults and children who have gone astray, having been enticed by the false and misleading claims of the corporates. His Label Padhega India is a big hit with schools and students, among others. It's imperative that influencers like these must succeed so that the falsehoods being perpetrated by some of the food and beverage companies are exposed and they are taught lessons in corporate social responsibilities, in their most accurate sense.