Commercial Free Speech and Its Limits
Remedy of injunction has a larger role to play in matters of defamation or disparagement as pecuniary compensation cannot be enough to compensate such defamation.
For an action of malicious falsehood, the plaintiff must prove that the impugned statement/representation is untrue, and that the same is made maliciously, without just cause or excuse.
An entity cannot indulge in commercial free speech which tends to maliciously injure a rival/competitor.
Citation : Dabur India Ltd v. Patanjali Ayurveda Ltd [2025] GCtR 1308 (Delhi)