Dietemann v. time inc. (1971) lyrics

As per the plaintiff, the following lyrics in the said song are offending so as to cause serious harm to the reputation and goodwill of the plaintiff:- 3. The plaintiff also claims to be the recipient of various national and international awards. The plaintiff claims that its retail outlets serve approximately 1 million customers per day and the plaintiff operates around 1200 retail stores and provides direct and indirect employment to thousands of people in India.*IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 15th October, 2012 Bata India Ltd. Counsel further submitted that under Article 19(2) of the Constitution of India, the right of freedom of expression cannot be abused to the extent of defaming and disparaging the reputation of others. The counsel further submitted that literally translating the said lines it raises allegations like the plaintiff being in pursuit of profits, has carved up the nation and it is the blood of the general public at large that jaunts their engines and the common man‟s pocket is cleared out bare just to make the life of the plaintiff endurable, which is completely manipulative and obnoxious. The counsel submitted that it is a totally irresponsible and dishonest act on the part of the defendants and the same appears to be done out of malice as the defendants have used derogatory expressions in the said song to the extent of suggesting that the plaintiff is one of the blood suckers of the people and has looted the nation; which expression is derogatory on the very face of it. The counsel also contended that the goodwill that the plaintiff enjoys both in India and abroad has been built up by over eighty years of hard work, and the same would be irreparably damaged if the defendants are allowed to use the said trade name in the said song in their upcoming movie. Based on these facts, the plaintiff has claimed the grant of an ad interim injunction to restrain the defendants, their employees, servants, agents, etc from releasing, distributing, exhibiting, performing or communicating to the public by any means or technology including but not limited to making available on the internet the words or any aural or audiovisual performance of the song "Mehngai" which would have the effect of defaming the plaintiff or damaging its reputation and goodwill amongst the public at large. Counsel further submitted that the plaintiff is suffering and stands to suffer irreparable and unquantifiable loss since the plaintiff‟s entire business depends upon its good name and reputation in the market.