Winzo vs. Google Warning Against the Download of an App is not Disparagement

Disparagement of trademarks refers to the act of making negative or derogatory statements about a particular trademark, brand, or product in a way that could damage its reputation or value. This can be done through various means, such as negative reviews, false or misleading statements, or public criticism. This can include using the trademark in a way that suggests inferior quality, making false statements about the product or brand, or associating the trademark with negative or undesirable traits. Disparagement of trademarks can have serious consequences for the owner of the trademark, as it can harm the brand’s reputation and value, reduce customer trust and loyalty, and ultimately lead to a loss of sales and revenue. In some cases, it can even lead to legal action if the disparagement is considered trademark infringement, defamation, or unfair competition. Trademark owners have the right to protect their trademarks from disparagement and can take legal action against those who engage in disparaging behaviour. Courts often address such issues, and the case of Winzo v/s Google, CS(COMM) 176/2022, pending before the Delhi High Court, is the most recent one in the disparagement row. The court bas dismissed the application for the interim injunction filed by the plaintiff in this case.

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