Delhi High Court restrains youtubers from posting defamatory contents against MBA Chaiwala

Delhi High Court

PRAFUL BILLORE & ANR. ….Plainiffs

Versus

BAEROJGAR & ORS. …..Defendants

Order dated:- 28.08.2023

1. PLAINTIFFS: -The Plaintiffs i.e. Plaintiff No. 1-Praful Billore and Plaintiff No. 2- MBA Chai Wala Pvt. Ltd. filed the suit in Delhi High Court, seeking permanent injunction seeking protection of the Plaintiffs’ reputation in its trademark, business, personality rights, etc The case of the Plaintiff No.1 was that he is the founder and director of the Plaintiff No.2. – ‘MBA CHAI WALA PVT. LTD’. The Plaintiff No.1 is a motivational speaker and an entrepreneur. Plaintiff No.1 claims to be a well known face and a famous celebrity, who has set up the stores under the brand name and logo ‘MBA CHAI WALA’. The said stores were set up in the last three years, and the Plaintiffs claim to have expanded their stores and business to more than 100 franchisees all over India, including 10 franchisees in Delhi.

2. TURNOVER OF PLAINTIFFS :- According to the Plaintiffs, they have achieved a turnover of more than Rs.12 crores in the past three years. The grievance of the Plaintiffs against the Defendants is that the Defendant Nos.1 to 9 were YouTube channels run by various unknown persons, wherein various defamatory and slanderous statements have been made against the Plaintiffs, without any basis whatsoever.
3. DEFENDANTS:- The details of the Defendants are tabulated as follows:
   Defendant Details of the Defendants, their YouTube channel and
   the email address
   Defendant No. 1 Baerojgar
   YouTube Channel:
   https://www.youtube.com/@Baerojgarr
   Email: [email protected]
   Defendant No. 2 Thugesh,
   YouTube Channel accessible at
   https://www.youtube.com/@Thugesh
   Email: [email protected]
   Defendant No. 3 Dhiru Monchikk
   YouTube Channel accessible at
   https://www.youtube.com/@DhiruMonchikk
   Email: [email protected].
   Defendant No. 4 EST Entertainment
   YouTube Channel accessible at
   https://www.youtube.com/@ESTEntertainment
   Email: [email protected]
   Defendant No. 5 theadityasaini
   YouTube Channel accessible at
   https://www.youtube.com/@theadityasaini
   Email: [email protected]
   Defendant No. 6 Kdlife
   YouTube Channel accessible at
   https://www.youtube.com/@kdlifee
   Email: [email protected]
   Defendant No. 7 Saloni Singh
   YouTube Channel accessible at
   https://www.youtube.com/@salonisingh07
   Email: [email protected]
   Defendant No. 8 Koko Roast
   YouTube Channel accessible at
   https://www.youtube.com/@kokoroast
   Email: [email protected]
   Defendant No. 9 Duhan
   YouTube Channel accessible at
   https://www.youtube.com/@DuhanVikas
   Email: [email protected]
4. MAIN ISSUE :- Defendants were various YouTubers who have uploaded several defamatory and disparaging videos against the Plaintiffs. The grievance of the Plaintiffs was that the said videos which were uploaded on YouTube have used completely incorrect and slanderous expressions such as scam, fraud, etc. in respect of the Plaintiffs.
5. APPEARANCE OF DEFENDANTS :- On a previous date 18th August, 2023, ld. Counsel for Defendant No. 10 – Google LLC had entered appearance. The notices were served through e-mails to all the Defendants.
6. On 28.08.2023, it was observed by Hon’ble Court, insofar as Defendant Nos. 1, 6 and 7 are concerned, ld. Counsel for Defendant No.10 submits that the concerned videos have now been made as private viewing videos on YouTube.
7. On behalf of Defendant No.5, ld. Counsel submits that the video has been deleted by his client. Insofar as Defendant No.4 is concerned, the video has been deleted.
8. Hon’ble Court viewed one of the videos and stated that the expressions used are ‘MBA Fraud Wala’ and various other terms are derogatory expressions.
9. In the opinion of the Court, the Defendant Nos. 1 to 9 have not come forward to defend their position or to justify the said publication of the videos. Under such circumstances, Defendant Nos. 1 to 9 were directed to take down/pull down their videos on YouTube, if the same have not been deleted.
10. DECREE:- In sofar as Defendant No.5 is concerned, a decree is passed restraining Defendant No.5 by a permanent injunction from in any manner making derogatory or disparaging remarks/publication against the Plaintiffs either in the print or electronic media either on online or on offline platforms.
11. INSTRUCTIONS TO GOOGLE:- The impugned videos as listed above, on the YouTube platform, shall be removed within 72 hours by Defendant No.10, if the Defendant nos. 1-9 do not comply with the orders passed above.
12. NO DAMAGES:- In view of this decree which is passed, the Plaintiffs do not press for damages and costs qua Defendant No.5.
13. SUMMONS AND NOTICES:- Let summons and notices be issued to the remaining Defendants i.e.,1-3 and 6-9 through e-mail. The Basic Subscriber Details (BSI) are stated to have been provided by Defendant No.10 to the Plaintiff. Upon the BSI details being provided, Plaintiffs are free to amend the memo of parties and seek summons and notices on any other contact details of the Defendant No. 1-3 and 6-9.
14. NEXT DATE:- 2nd February, 2024.

DATE:- 04.08.2023

PLACE:- DELHI

READ, REVIEWED & EDITED BY

NEERAJ GOGIA, ADVOCATE

9891800100

[email protected]