Name: Mrinmayee S. Parab
Roll No: M2127
MMS SEM II
MARICO LIMITED V/S ABHIJEET BHANSALI
Marico Limited, is one of the leading players in the Fast Moving Consumer Goods (FMCG) market in India, that manufactures and markets packaged edible oil, edible coconut oil, oats, hair oil, beauty products and other personal care products under its portfolio of various well-known and prestigious brands and one of its most well-known trademarks is PARACHUTE under which it markets inter alia its edible coconut oil; that the trademark PARACHUTE is amongst the most reputed brands owned by Marico Limited.
PARACHUTE edible coconut oil is 100% pure, natural and unrefned expeller pressed coconut oil; which is a) unrefined; b) unbleached c) non-hydrogenated d) non-deodorized e) without solvents and (f) retains all its natural nutrients;
The Defendant is a “YouTuber” / “V-Blogger” who has his own channel titled “Bearded Chokra” on the popular website www.youtube.com. On his channel, the Defendant who claims to have a Masters degree in Bio-Technology from the Mumbai University, produces and uploads videos wherein he reviews products of various manufacturers.
On or about 1st September 2018, the Defendant published a video titled “Is Parachute Coconut Oil 100% Pure?”. In this video, the Defendant reviewed the PARACHUTE coconut oil. According to the Marico Ltd , in or about last week of January 2019, it came across the Impugned video published by the Defendant. It is the Marico’s case that in the Video the Defendant makes false claims and statements with regard to the PARACHUTE edible coconut Oil, which are false. It states that as a whole, the Impugned Video is disparaging and denigrating in nature.
Defendant(the you tuber) was called upon to cease and desist from publishing or in any manner communicating the Impugned Video to the public and calling upon him to remove the Impugned Video from social media sites including his YouTube channel.
The Marico Ltd. submitted that the Defendant’s video is a targeted attack directed against the product made with an attempt to attract more viewers towards his video. The Senior Advocate of Marico Ltd submitted that the Video provides incorrect information and deceives the viewer into believing that the tests conducted therein substantiate the claim of the Defendant that Marico’s product is of inferior quality and / or is inferior to other oils.