Nannir Water Source LLP, proprietor of registered trademark NANNIR and manufacturer of eco-friendly electricity-free water treatment systems, filed a commercial suit before the Madras High Court against YouTuber Syed Imran and YouTube seeking interim injunction restraining the defendants from keeping online an allegedly false, malicious and disparaging product review video uploaded on 25 May 2025 in the channel “Buying Facts”.
The Single Judge, relying on the Bombay High Court decision in Marico Ltd v Abhijeet Bhansali, held that the statements in the video were prima facie reckless, malicious and not backed by any credible scientific material, that freedom of speech under Article 19(1)(a) does not extend to maligning or disparaging another’s goods, and that such conduct violates the plaintiff’s right to carry on trade under Article 19(1)(g). Finding prima facie case, irreparable injury and balance of convenience in favour of the plaintiff, the Court granted ex-parte interim injunction and directed YouTube to take down the impugned video till further orders.
False, reckless and malicious statements in a YouTube product review video that disparage and malign the goods of another without any credible scientific basis constitute slander of goods/disparagement and are not protected under Article 19(1)(a) of the Constitution of India. (Nannir Water Source LLP v Syed Imran & Ors, O.A.Nos.1107 & 1108 of 2025 in C.S.(Comm.Div.) No.302 of 2025, paras 3-7, relying on Marico Limited v Abhijeet Bhansali dated 15.01.2020 (Bombay High Court))
Commercial speech is part of Article 19(1)(a) but cannot be abused to malign or disparage the product of others; such disparagement amounts to an unreasonable restriction on the aggrieved party’s fundamental right to carry on trade and business under Article 19(1)(g). (paras 4-6)
When prima facie malice and falsity are established in a disparaging video, ex-parte interim injunction and mandatory take-down direction against the platform are justified. (paras 7-8)
Case Title: Nannir Water Source LLP Vs Syed Imran : : 26 November 2025 : C.S. (Comm.Div.) No.302 of 2025 :Mad HC:Hon'ble Mr. Justice N. Senthilkumar
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]
[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
