Delhi High Court: Rajiv Shakdher, J. granted injunction relief to the manufacturer of “Corona Beer” while injuncting the defendants from:
reproducing, broadcasting, communicating to the public, screening, publishing and distributing the impugned advertisement (which likens the plaintiff’s product with Coronavirus) on any media or platform including the social media platforms.
Plaintiff is the manufacture of a beer with the registered trademark “CORONA” with a world wide reputation.
The defendant was engaged by the plaintiff as its distributor for the National Capital Territory of Delhi.
Pravin Anand, Advocate who appeared on behalf of the plaintiff informed the Court that the distributorship agreement spanned between 2014-2015.
Grievance of the petitioner
Defendant has taken out advertisements on the social media platform i.e. Facebook which likens the plaintiff’s product with Coronavirus.
Court’s Analysis
Bench stated that the plaintiff has been able to set up a prima facie case in its favour qua disparagement.
Balance of convenience also appears to be in favour of the plaintiff given the extent and nature of its market qua the aforementioned product.
Thus, while issuing summons in the suit and notice, 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 till the next date of hearing.
Matter to be re-notified on 22-07-2020. [Cerveciria Modelo De Mexico, S. De R.L. De C.V. v. Whiskin Spirits (P) Ltd., 2020 SCC OnLine Del 665 , decided on 22-06-2020]