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Litigation News

Delhi HC restrains publication of certain advertisements which compared Corona beer with Coronavirus

The order was passed in a suit preferred by the manufacturer of Corona beer.

Aditi Singh

Following a suit by the manufacturer of Corona beer, the Delhi High Court has restrained the publication of certain advertisements which likened the beer with the Coronavirus. (Cerveciria Modelo De Mexico vs Whiskin Spirits)

The order was passed by a Single judge Bench of Justice Rajiv Shakdher.

Cerveciria Modelo De Mexico (Plaintiff) is the manufacturer of beer which is sold under the registered trademark “CORONA”.

The Plaintiff submitted that its beer was sold in 180 countries and that it had a worldwide reputation.

Plaintiff was aggrieved by the fact that Whiskin Spirits (Defendant) took out advertisements on the social media platform Facebook, comparing the Plaintiff’s product, Corona beer with Coronavirus.

The Court was informed that the Defendant was the Plaintiff's distributor for the National Capital Territory of Delhi between 2014-2015.

After hearing the Plaintiff, the Court opined that at this stage, a prima facie case of disparagement had been made out by the Plaintiff.

The Court stated that the balance of convenience was in favour of the Plaintiff and that the Plaintiff’s statutory and commercial interests would get jeopardized if an ad interim injunction was not granted in its favour.

It thus ordered,

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.
Delhi High Court

The Court also issued summons in the suit to the Defendant.

The matter would be heard next on July 22.

Plaintiff was represented by Advocates Pravin Anand, Shantanu Sahay, Aasish Somasi, Rohan Sharma.

Read the Order:

Cerveciria Modelo De Mexico vs Whiskin Spirits.pdf
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