The Madras High Court has refused to grant an interim injunction in a trademark and defamation suit filed by Madhampatty Thangavelu Hospitality Pvt. Ltd. (MTHPL) and its director, holding that merely using the company’s brand name as a hashtag in social media posts targeting the director does not constitute trademark disparagement or defamation of the company.
The suit was filed after the defendant posted a series of allegations against Madhampatty Thangavelu on Instagram, using hashtags such as #MadhampattyPakashala and #MadhampattyCaterers. The plaintiffs argued that the posts tarnished the company’s goodwill and sought an injunction restraining the defendant from using the brand name in any form.
Justice Senthilkumar Ramamoorthy rejected the plea, observing that the posts were explicitly directed at the individual director, not at the company or its products/services. The Court held that hashtagging the brand name only to identify the individual’s association with the company does not amount to trademark infringement or disparagement, particularly when no allegation was made against the company’s business, quality of services, or reputation as a caterer.
The Court further held that the allegations in the posts relating to miscarriage, domestic issues, and personal conduct fell squarely within the realm of private disputes and did not establish any prima facie case of commercial harm under trademark law. As the disputed content did not concern the company’s operations or goodwill, no case for interim injunction was made out.
However, the Court clarified that the plaintiffs are free to pursue remedies in appropriate proceedings if they believe the personal allegations are false or defamatory in their individual capacity.
Appearances:
For Applicant: Mr.P.S. Raman, Senior Counsel
For Respondent: Mr. S. Prabhakaran, Senior Counsel
