The Delhi High Court has passed injunction, till the next date of hearing, in favour of the company that manufactures Corona Beers in a case alleging disparagement by Facebook posts linking the brand with coronavirus.
The Single Bench of Justice Rajiv Shakdher noted that the plaintiff's statutory and commercial interests will get jeopardised if an ad interim injunction is not granted in its favour.
The Plaintiff (CERVECIRIA MODELO DE MEXICO, S. DE R.L. DE C.V.), who is the manufacturer of the Corona Beer brand, was aggrieved the fact that the defendant, Whiskin Spirits, has taken out advertisements on the social media platform i.e. Facebook which likens the plaintiff's product with Coronavirus.
While noting that the Plaintiff has established a prima facie case for disparagement, the court observed that balance of convenience also appears to be in favour of the plaintiff given the extent and nature of its market qua the aforementioned product.
Therefore, the court held:
'In the meanwhile, till the next date of hearing, the defendant, its employees, agents, officers, affiliated entities and all others acting for and on its behalf are injuncted from reproducing, broadcasting, communicating to the public, screening, publishing and distributing the impugned advertisement on any media or platform including the social media platforms.'
The Plaintiff in this case was represented by Advocates Pravin Anand, Shantanu Sahay, Aasish Somasi and Rohan Sharma.
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