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39. Practically, disparagement depends upon the facts and circumstances involved and the touchstone is the underlying message therein viewed from the eyes of a common layman. Thus, the impugned advertisement, the intent therein, the manner thereof, and the message thereby, along with the position of the plaintiff, who is the owner and registered proprietor of the RCB trademarks, and its rights therein under the existing circumstances have to be cumulatively taken into consideration. At the end of the day, the plaintiff has to show/ establish that the acts of the defendants amount to disparagement.

50. In essence, in the opinion of this Court, the (i) intent (ii) manner and

(iii) message of the impugned advertisement is to show that Uber-Moto/ the service(s) offered by the defendant nos.1 and 2 are fast and reliable as the ride booked by the defendant no.3 arrives within the stipulated time and saves the defendant no.3, who at the very outset had introduced himself in a negative vein as a "hyderabaddie", from being caught by the Security team of the Stadium after finishing the mischievous task. Mere presence of a reference similar to the RCB trademark on the impugned banner, or the impugned poster with the slogan thereon in the impugned advertisement cannot be said to be having any elements of disparagement and/ or infringement within the meaning of Section 29(4) of the TM Act. In fact, the position will be the same when viewed through the eyes of a common layman.

63. In view of the aforesaid, no common layman would be able to draw any inference and/ or conclusion after seeing the impugned advertisement, much less, hardly anything of the type sought to be contended by the plaintiff. As collated hereinabove, a selective reading/ viewing of the impugned advertisement is neither permissible nor ought to be permitted while viewing an impugned advertisement through the eyes of a common layman. In view thereof, the impugned advertisement cannot be said to come within the purview and periphery of and tantamount to disparagement and/ or infringement within the meaning of Section 29(4) of the TM Act, especially taking into account the provisions of Article 19 of the Constitution of India.

Prima facie case:

66. In view of the afore-going, the plaintiff has not been able to make out a prima facie case of disparagement and/ or infringement in the impugned advertisement in its favour and against any of the defendants. More so, when this Court does not, and in fact cannot find anything wrong with the (i) intent, (ii) manner and (iii) message thereof, especially when seen with the overall spirit, or the purpose, or the context or the underlying reasoning therein. Not to forget that such intent, manner and message is required to be tested when seen through the eyes of a common layman.