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

Relevancy of the case: Using a registered trademark without authorisation for selling undergarments through online videos amounts to trademark infringement.

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 2(w), 79)
• The Code of Civil Procedure,1908 (Section 106, Order XLIII Rule 1, Order VII Rule 10)
• The Commercial Courts Act, 2015 (Section 2(c)(xvii))

Relevant Facts of the Case

• The plaintiff/appellant manufactures and distributes various healthcare products using its registered trademark ‘PATANJALI’.
• One of the defendants/respondents posted a video on internet platforms advertising men’s undergarments using the plaintiff’s trademark and pictures of its brand ambassadors without authorisation.
• Other defendants/respondents, the internet platforms (YouTube and Facebook) are generating revenue from the said video’s views.

Prominent Arguments by the Advocates

• The counsel for the respondents argued that no proceedings can be brought against them as they are simply intermediaries under Section 2(w) and are exempted from any liability under Section 79 of the Information Technology Act, 2000.

Opinion of the Bench

• The video was made to gain more viewership of the channel/web link, though the plaintiff is not into manufacturing undergarments. The video used the plaintiff’s trademark, which amounts to infringement of the plaintiff’s rights under the Trade Marks Act, 1999.
• YouTube and Facebook have generated revenue due to the publication and continuous viewership of the video.
• The present case is a trademark suit, and it lies within the jurisdiction of commercial courts.

Final Decision

• The bench allowed the appeal and returned the plaint to the trial court.

Aditi Mangesh Sawant, an undergraduate student at NMIMS Kirit P Mehta School of Law, Mumbai, prepared this case summary during her internship with The Cyber Blog India in January/February 2024.