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Delhi High Court Restrains Publication of Advertisements Linking CORONA BEER with CORONA VIRUS
Recently, Hon’ble Delhi High court has granted injunction in favor of the plaintiff i.e. CERVECIRIA MODELO DE MEXICO, S. DE R.L. DE C.V. the manufacturer of beer products bearing the trademark CORONA and against the defendant i.e. WHISKIN SPIRITS PVT. LTD. In a case alleging disparagement by Facebook post linking the plaintiff’s product CORONA BEER with CORONA VIRUS.
For, commiserate the present case we all have to understand the basic features of the disparagement.
Common meaning of Disparagement that it is defined as the act of making unflattering statements against someone or something.
In holy book Geeta it is stated that “For a Man of Honor defamation is worse than death”
Aforementioned quote of Bhagvad Geeta, the holy book, is for the defamation and it states that an honored man has precious property is his reputation in the society, and any scandalous, derogatory and defamatory statement on him is worse than the death for him.
Simultaneously disparagement means for the products/services sells or provided by any person having acquired tremendous reputation and goodwill in the market of particular territory and across the globe and any person making any untrue/false statement that harms reputation either by a direct/ indirect comparison.
The disparagement in trade libel defined as the publication of the false statement of a fact that it is intentional disparagement of the quality or the services of the product of the plaintiff’s business and that result in pecuniary damages to the plaintiff.
In the present case plaintiff is manufacturer of beer sold under the registered trademark “CORONA”. Plaintiff states that the said beer is sold in almost 180 countries across the globe, therefore, has acquired worldwide reputation for the trademark CORONA.
The plaintiff is aggrieved by the conduct of the present defendant, who was earlier appointed as a distributor has put advertisements on the social media platform i.e. Facebook appears that the plaintiff’s product is linked with Coronavirus.
It was the case of plaintiff that, plaintiff’s product is being linked with the present pandemic COVID-19 caused through CORONA VIRUS affect the goodwill and reputation and may depreciate and discredit the product in the market which amounts to disparagement of plaintiff’s product plaintiff’s and business and thereby resulting in pecuniary damages to the plaintiff.
Therefore, Hon’ble Court held that plaintiff has been able to set up prima facie case in its favor for disparagement and balance of convenience has been given the extent and nature of its market qua the mention product.
The Hon’ble Court held that if injunction is not granted in the favor of the plaintiff and against the defendant then the plaintiff’s statutory and commercial interests will get jeopardized.
Contributed By : - Mr. Jayendra Modi (Advocate)
Designed By : Vikash Singh