DHI (Direct Hair Implantation) is a brand name conceived and adopted by DHI Global Medical Group (‘DHI Global’) for a unique hair transplantation method invented and developed by its founder Dr. Konstantinos P. Giotis.
Since 1970, DHI Global has been involved in medical research and development concerning hair loss and in 2005, innovated and launched the ‘DHI’ technique of hair transplantation.
Under a Master Franchise Agreement with DHI Global, Silvermaple Healthcare Services Private Limited (‘Silvermaple’) had been, inter alia, given exclusive license for using and exploiting the registered DHI marks,
and DHI technique for undertaking, promoting and developing the business of providing hair restoration services. Additionally, the right to take all the necessary actions for enforcing and protecting such rights were also granted.
Coincidentally, one Dr. Tejinder Bhatti who claims to be among the world’s top 20 hair transplant doctors in the world on his website also runs a hair transplant restoration clinic in Chandigarh under the name ‘Darling Buds Clinic’. Dr. Bhatti was operating his clinic very close to that of Silvermaple and happens to be its competitor. On his YouTube channel run under the same name as his clinic, Mr. Bhatti had uploaded a few videos in which he had asserted that his techniques were better and safer than the DHI Technique. The general tone of the impugned videos suggested that this technique which was being used by Silvermaple was not just bad, but could cause serious harm to patients.
Aggrieved, Silvermaple served a legal notice to Dr. Bhatti calling upon him to stop disseminating such defamatory content on his channel. However, when this didn’t evince any response, Silvermaple decided to file a commercial suit before the Delhi High Court seeking an injunction against Dr. Bhatti restraining him from indulging in such an unethical activity. Silvermaple asserted that statements and claims made in the videos constituted disparagement and denigration of their brand ‘DHI’ as also its reputed ‘DHI Technique’ of hair transplantation. After due consideration of all these contentions advanced by the counsels, the Hon’ble Court held that Silvermaple had successfully established a prima facie case for the grant of ex-parte ad-interim injunction. Balance of convenience also lay in its favor and in case, such an injunction was not granted, irreparable loss would be caused to Silvermaple.
Accordingly, till the next date of hearing, the Court directed Mr. Bhatti to take down any such denigrating videos from internet and further ensure that any part thereof was not accessible to any potential hair restoration clients across the globe through web. Furthermore, he was restrained from putting in public domain, any advertisement or publication of a similar nature which could amount to infringement of DHI’s licensed brand name and marks as well as Silvermaple’s own services.
