https://www.taxtmi.com/caselaws?id=312618 Interim restraint in alleged online defamation is to be granted with exceptional caution because it amounts to prior restraint on speech, and it should not issue unless falsity is clearly shown and the defence is bound to fail; on the facts, competing environmental concerns and expressive criticism defeated any clear showing of malice or falsehood, so no interim injunction was warranted. In the trade mark analysis, contextual use of the mark in a non-commercial, parodic or critical setting was treated as denominative use directed at the target of criticism rather than as a badge of origin; because no competing commercial use was shown, the threshold for interim trade mark restraint was not met. en-us Fri, 28 Jan 2011 00:00:00 +0530 Wed, 28 Feb 2024 10:25:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312618 Interim restraint in alleged online defamation is to be granted with exceptional caution because it amounts to prior restraint on speech, and it should not issue unless falsity is clearly shown and the defence is bound to fail; on the facts, competing environmental concerns and expressive criticism defeated any clear showing of malice or falsehood, so no interim injunction was warranted. In the trade mark analysis, contextual use of the mark in a non-commercial, parodic or critical setting was treated as denominative use directed at the target of criticism rather than as a badge of origin; because no competing commercial use was shown, the threshold for interim trade mark restraint was not met. Case-Laws Indian Laws Fri, 28 Jan 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312618