KARNATAKA HIGH COURT
N. V. Anjaria, CJ
ITC LIMITED – Appellant
Versus
MR VINAY GUPTA – Respondent
| Table of Content |
|---|
| 1. court addresses the appeals involving defamation and trademark issues. (Para 1 , 2) |
| 2. court modifies the trial court's order and retains the appellant's rights to address further defamatory content. (Para 5) |
ORAL JUDGMENT
These two appeals are cognate involving similar facts and identical issues. They both arise from common order dated 04.01.2025 passed by learned LXXXIII Additional City Civil and Sessions Judge, Commercial Court, Bengaluru.
3. The appellant instituted a suit before learned LXXXIII Additional City Civil & Sessions Judge, (Commercial Court), Bengaluru (CCH-84) against the respondents in Com. O.S. No. 629 of 2024 seeking reliefs of inter alia injunction and damages, in view of defamatory content relating to the appellant's packaged wheat flour (Atta) and multigrain flour (Atta) marketed and sold under the COMAP No.73 of 2025 appellant's well-known registered trademark "AASHIRVAAD" being published and circulated by respondent No.1 on the platform being operated by respondent No.2 that is INSTAGRAM. The appellant had also filed two applications along with the plaint under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 seeking reliefs o
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