In today's emerging and changing world, outcomes of every situations are mere
unpredictable, a successful huge business can be shred into pieces in a dawn and
on the other hand a small micro business can jump up to a multi milliner post in
just a night.
Thus, nowadays the faith of customers on the products of their
company should be maintained and made up to an priority to tackle this kinds of
problems, but sometimes due to some unwanted events happening in the society,
though there is no direct relation with the problem, but just through some mere
indirect misconception or misrepresentation with the unwanted event, the other
firm which does not at all constitute anything in the problems gets devastated
with it and hence, the reputation and the goodwill is flourished, and the firm
So, to avoid this type of loses in the market the judiciary has
to provide a justified and constructive remedy towards the aggrieved party in
order to maintain the order of natural justice and to avoid and evade any types
of this problems and to correctly interpret the situation.
Cerveciria Modelo De Mexico is a company which has a born business in Mexico,
the company has its turnover in millions and trillions and holds the business of
selling alcoholic beer named Corona
. The company has a top to the mark
goodwill and reputation in its own territory as well as in the huge
As holding the present situation, the world is been greatly affected with the
Covid-19 virus emerging in all parts on the planet. In this pandemic, people's
life is been dreadfully miserable, due to this an indirect and unwanted fear is
been fostered in the hearts of the people, this eventually led to panic between
them. Thus, when just a mere expression in the society regarding this pandemic
is been caused, it eventually increases the fear for that expression in the
people and eventually generates a hate among them for that particular thing.
Similarly here in this case, a Company named Whiskin Spirits
started posting an ad about the Cerveciria Modelo De Mexico brand's product
CORONA and linked it with the virus that created such a huge pandemic named as
Novel Corona Virus
, hence with the clear instance of desire to deplete the
goodwill and reputation of the product 'CORONA', the company 'Whiskin Spirits'
started it's advertisement.
Here, the main criteria on which the contentions are been held is for
. The expression disparagement means a derogatory comparison of
one thing with another; the act or an instance of castigating or detracting from
the reputation of, esp. unfairly or untruthfully; a false and injurious
statement that discredits or detracts from the reputation of another's property,
product or business. This directly resembles the present case contentions and
thus should be taken into serious consideration.
Cerveciria Modelo De Mexico has filed a suit before Delhi High Court for an
immediate ex party injunction to temporarily restrain Whiskin Spirits Private
Ltd from posting advertisements on social media platforms linking popular beer
brand Corona with the novel coronavirus, that eventually disparage the
defendants which and hurt their reputation.
The hearing took place via Video Conferencing on account of Covid-19.
Plaintiff facts: Plaintiff's is the manufacture of beer which is sold under the
registered trademark "CORONA". It is averred that the said beer is sold in 180
countries and, therefore, has a worldwide reputation.
It is also averred that the defendant was engaged by the plaintiff as its
distributor for the National Capital Territory of Delhi. Mr. Pravin Anand, who
appears on behalf of the plaintiff, informed that the distributorship agreement
spanned between 2014-2015. The plaintiff appears to be aggrieved by the fact
that the defendant has taken out advertisements on the social media platform
i.e. Facebook which likens the plaintiff's product with Coronavirus.
Order of the Court:
The plaintiff, at the present, at least at this
stage, had been able to set up a prima facie case in its favour qua
disparagement. The balance of convenience also appeard to be in favour of the
plaintiff given the extent and nature of its market qua the aforementioned
Further it appeared that the plaintiff's statutory and commercial interests
would also get jeopardized if an ad interim injunction is not granted in its
And according issued a summon in the suit and notice in captioned application.
It was further mentioned that, 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.
And the plaintiff will comply with the provisions of Order XXXIX Rule 3 of the
CPC within five days of the receipt of a copy of this order.
The Court set the next hearing to 22nd of July.
- Black's law dictionary, Eighth Edition
- Cerveciria Modelo De Mexico, S. De ... vs Whiskin Spirits Pvt. Ltd on 22