To claim disparagement, plaintiff must prove elements such as false statements and intent to harm, which plaintiff failed to demonstrate.

ORDER 

This application has been filed by the applicant/plaintiff for an order of ad-interim injunction. The applicant herein is the plaintiff and the respondents herein are the defendants in the suit. The applicant/plaintiff has filed the above suit for the following reliefs:

a) a permanent injunction restraining the 1st defendant, her men, agents, representatives or any persons claiming under or through her, from in any manner tagging, hashtag, making, writing, uploading, printing, publishing, broadcasting, distributing, posting, circulating, or disseminating in any form of media, whether print, electronic, digital, internet, social media platforms or otherwise, any false, malicious material, statements, videos, reels, captions, photographs, audio-visual content or communications or in any other manner directly or indirectly, disparaging the goodwill and reputation of the plaintiff's unregistered trademark "MADHAMPATTY PAKASHALA" and any of its associated trademarks.

b) a mandatory injunction directing the 1st defendant to remove/delete the, defamatory instagram posts made in her instagram profile including tagging/hashtag the name of the plaintiff trademark Madhampatty Pakashala and other associated brands, in all social media platforms including but not limited to X (Twitter), Facebook, Telegram, Instagram and youtube.

2. The case of the applicant/plaintiff is that they are running a catering and food services business under the brand name "MADHAMPATTY PAKASHALA" from 2010. The said brand name has been duly registered under the Trademarks Act. The plaintiff submitted that they have invested a substantial sum of money in order to create awareness among the public with regard to the high-quality catering service, which they carry out under the trademark "MADHAMPATTY PAKASHALA". The applicant/plaintiff further claimed that they have been conferred with the award of "Asia's Best Food & Beverages Service Provider of India" for the year 2022 and the Food Connoisseurs India Award, National Edition 2025 has conferred "Best Caterer of the year (South)" and "Best Luxury Caterer of the Year (South)" on them. Apart from this, they also have an instagram account in the trade name "MADHAMPATTY PAKASHALA". The applicant/plaintiff contended that the acts of the first respondent/first defendant is per se defamatory, calculated to injure the reputation and goodwill meticulously built by the applicant/plaintiff. The applicant/plaintiff has been ridiculed by the acts of the first respondent/first defendant which has resulted in loss of credibility in commercial activities.

3. The present suit has been filed for disparagement of plaintiff's trademark "MADHAMPATTY PAKASHALA". According to the applicant/plaintiff, the disparaging and defaming posts are circulated through various social media platforms including but not limited to X, Instagram, You Tube etc. by the first respondent herein/first defendant and hence the suit has been filed for the reliefs stated supra.

4. Mr.P.S.Raman, learned senior counsel appearing for the applicant/plaintiff submitted that the applicant/plaintiff company has been registered under the trade name Madhampatty Thangavelu Hospitality Private Limited and Page Nos.2 to 12 of the typed set of papers filed by the applicant/plaintiff are the tax invoices and Page Nos.13 to 16 depict photographs of various awards r