Today, On 26th September, The Delhi High Court ordered the removal of an Instagram video uploaded by Prashant Desai that disparaged Zydus’s registered trademark, ‘Complan.’ The court ruled that the video violated trademark rights and must be taken down from all of Desai’s social media platforms within two weeks.
New Delhi: The Delhi High Court instructed Prashant Desai, an entrepreneur and health influencer, to remove a video he posted on Instagram criticizing the powdered drink Complan.
This order came in response to a lawsuit filed by Zydus Wellness Products Ltd., the manufacturer of Complan, for trademark and copyright infringement.
Justice Saurabh Banerjee ruled that Desai’s video constituted disparagement of Zydus’s trademark and directed him to delete the content from all his social media platforms within two weeks.
Zydus filed a lawsuit after encountering a video on Instagram by Prashant Desai that mentioned brands like Bournvita, Complan, and Horlicks. The company claimed the video was defamatory, specifically targeting Complan, and alleged it infringed on their trademark and copyrights.
In the video, Desai directly referenced Complan, advising, “Bournvita, Complan, Horlicks, don’t mix them in the milk in the morning for your kids,” which Zydus argued disparaged their product and harmed its reputation.
The plea highlighted that Desai displayed Zydus’s ‘Complan Pista Badam Carton’ in his Instagram video, urging viewers not to use it.
He stated,
“Don’t feed these to your kids, improve their health.”
The plea also objected to the video’s caption, which read,
“These three foods are spoiling your kid’s health… Avoiding these foods can improve your kid’s health drastically.”
Zydus responded by sending Desai a message on Instagram, followed by a legal cease-and-desist notice, accusing him of infringing its registered rights in Complan.
Read Also: [Moti Mahal vs. Daryaganj] Battle Over ‘Butter Chicken’ Trademark in Delhi High Court
Instead of responding to Zydus’s message and legal notice, Prashant Desai shared a screenshot of the notice on Instagram, captioning it,
“And then when we say that their products mostly contain sugar… WE ARE SERVED.”
Zydus argued that Desai spread misleading and false information regarding Complan’s nutritional content, exploiting consumers’ trust and lack of knowledge. Zydus represented by Advocates Sagar Chandra, Shubhie Wahi, and Ankita Seth, while Prashant Desai’s legal team included Advocates Misha Rohatgi Mohta, Naul Mohta, and others.
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