With Great Influence Comes Great Responsibility: Trademark Disparagement

Introduction

Social media has impacted all our lives, whether for good or worse will be a constant debate. 'A Social Media Influencer' can leave a significant impact on Humanity. If backed by reasons, it is no doubt for the betterment of Humanity but if baseless, it can significantly backfire'. This statement was highlighted by the Delhi High Court in the recent case of Zydus Wellness Products Limited v. Prashant Desai [CS (COMM) 687/2024], whereby the Court emphasized that the Social Media Influencers have the growing responsibility of refraining from commenting on subjects in which they lack expertise.

Background and brief facts of the case

The plaintiff, Zydus Wellness Products Limited, is one of the market leaders in food and nutritional products for brands including 'COMPLAN', 'Nycil', 'Glucon-D', 'Sampriti', etc. They adopted the trademark 'COMPLAN' in the year 1956 and have been using the same since the year 1994. The plaintiff obtained trademark