Shweta Tambade
A suit was filed by Gujarat Cooperative Milk Marketing Federation (GCMMF) Limited in the Delhi HC directing removal of an article tilted “WHITE LIE OF AMUL AND BLACK TRUTH OF ANIMAL MILK” which is available on the website, ditchdairy.in owned by Chetan Pandilya and a Facebook page called “Boycott milk”. It alleged that
In Gujarat Cooperative Milk Marketing Federation vs Chetan Pandilya & Ors, a single judge bench Justice Kameswar Rao has restricted the uploader to publish any such identical or similar articles.
The plaintiff, GCMMF is the registered proprietor of trademark ‘Amul’ and its variants.
The Advocates Abhishek Singh, Amit Gupta representing the plaintiff showed concern that the defendant’s website i.e. ditchdairy.in, specifically targeting Amul products, initiated a bias, fear psychosis and prejudice in the minds of the public against milk and dairy products.
The plaintiff alleged that it has created false narrative that the production of milk and milk products by the plaintiffs and their members is done by forcing cruelty on animals.
The articles falsely claim that dairy products are the cause for several fatal diseases like cancer etc.
The Court further observed that the defendant was himself encouraging and selling plant-based products of different brands like Kizo Nutrition, Good Dot, Fitjar etc and hence, wanted to lower the goodwill of Amul products by spreading false information.
The plaintiff contended that the defendant’s defamatory and degrading conduct was causing serious injury to its hard-earned goodwill and reputation.
The court also noticed that the GCMMF was the 9th largest processor of milk in the world and was famously associated with the tagline ‘The Taste of India’ since the year 1994.
After inspecting the submissions made before it, the court said, that the plaintiff had made out a prima facie case for grant of interim ex-parte order.
In the suit the plaintiff also claimed for relief like
To pass a decree of permanent and mandatory injunction-
- directing the Defendant No.1 to permanently remove the article WHITE LIE OF AMUL AND BLACK TRUTH from ditchdairy.in and facebook.
- restraining the Defendant No.1 from uploading articles identical or similar to the article titled WHITE LIE OF AMUL AND BLACK TRUTH in the future, in any social media platform, websites or anywhere in the internet or anywhere in print or electronic media.
- Restraining the Defendant No.1 from spreading false narrative regarding dairy products, using the other articles on his website and products of the Plaintiffs, in any workshop, event or any other public platform or anywhere in the internet or anywhere in print or electronic media.
- Restraining Defendant No.1 and anyone acting for and on their behalf from in any manner dealing with the Plaintiffs’ “AMUL” trademarks or their logos or any word deceptively similar to the Plaintiff’s “AMUL” trademark.
Justice V. Kameswar Rao in its interim order said,
“This Court is of the view that the plaintiffs have made out a prima facie case for grant of interim ex- parte order. The defendant No.1 is directed toto remove the articles “WHITE LIE OF AMUL AND BLACK TRUTH OF ANIMAL MILK” available at https://ditchdairy.in/movement/white-lies-of-amul and from Facebook account https://www.facebook.com/boycottmilk and is also restrained from uploading articles identical or similar to the said articles on the above website / facebook account till the next date of hearing.”
