SVKM’s NMIMS

INSTITUTE OF INTELLECTUAL PROPERTY STUDIES

5th Annual IIPS IP Moot Court Competition

26th and 27th February 2011

MOOT COURT PROBLEM

R&R Private Ltd. and Ms. Bani Jaiswal

Versus

Mr. Abhi Singh and Mr. Bappi Lal

1. R & R Private Limited (“R&R”) is a company with its registered office in Delhi. It is a world renowned
fashion design house, whose promoter Ms. Bani Jaiswal (“Bani”) shot to fame with her “Sakhi
Collection” showcased in the popular fashion event called the “Vogue India Fashion Week” in 2001.
Her winning designs showcased at this event were a part of a wedding attire collection inspired by
Queen Savitri Devi, who belonged to the royal family from the erstwhile Province of Tamangg.

2. Bani’s works in the Sakhi Collection incorporated the motif shown below which she christened as
“Savitri”. This motif was based on a painting of Queen Savitri Devi, which was commissioned to be
made by the famous painter FM Ghajini who died in 1950 in a sudden car accident.

Blue background of the

motif was made of dark blue Jewellery of Savitri had
velvet cloth Swarovski crystals
embedded

Motif printed through the

process of screen printing

3. Bani’s Sakhi Collection was subsequently showcased in the Milan, Paris and Tokyo fashion festivals.

4. R&R has since opened exclusive designer bridal collection stores in Delhi and Mumbai specializing in
sarees and lehengas. The Savitri motif is found on each piece of sari or lehenga in her collections and
her customers identify the motif with her creations. She usually places the motif on the pallu or the
duppatta as her signature design on the clothing.

5. Bani works with free lance designers who are engaged by R&R on an as required basis. R&R ensured
that such free lance designers were provided various benefits such as assistance with housing rent
and medical bills.

6. Ms. Khan who is associated with many causes which promote the interests of struggling and
developing artists in Bollywood was to be part of a high profile contingent representing India at the
International Film Festival Of Tambay. This film festival is one of the most eagerly awaited and talked

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about events in the world of cinema. It is a star studded event and is talked of and reported in all parts
of the world.

7. Ms. Khan had seen Bani’s Sakhi Collection, at Vogue India Fashion week of 2001 and had visited
many of the stores which were opened by R&R. She was very impressed with the Sakhi Collection and
approached Ms. Bani to have an exclusive dress made for her to wear at the International Film Festival
Of Tambay which would reflect the art and culture of India. Accordingly, Ms Bani made an exclusive
lehenga for Ms. Khan (“Savitri Lehenga”). Some of the peculiarities of the Savitri Lehenga were

- The skirt of the Savitri Lehenga was made out of five layers of red velvet and had the Savitri
motif on the bottom edges of each layer of velvet – so that it seemed to the onlooker that that
there were five layers of the Savitri motif arranged one beneath the other. The blouse teemed with
the Savitri Lehenga was made out of a single layer of velvet material and had the Savitiri motif on
the back

- the Savitri motif was as usual also placed in the right corner of the dupatta which completed
the ensemble

8. The Savitri Lehenga was worn by Ms. Khan at International Film Festival Of Tambay. There were
various tabloid and magazines which reported the event. Ms. Khan’s pictures were shown many times
in both news and print. Many fashion critics wrote about how gorgeous Ms. Khan looked in the Savitri
Lehenga. Fashion critics often also mentioned about Bani’s success with her Savitri Collection at the
Vogue India Fashion Week and commented on how her ingenious ideas with the Savitri motif had
taken her to the pinnacles of success with her excusive clothes being worn by none other than Ms.
Khan.

9. In 2011, Mr. Abhi Singh who is based in Mumbai started an online shopping website called
www.runwaysales.com (‘Website”) whose purpose was to provide a platform for new designers to
showcase and sell their products and host online fashion events.

10. The way the Website functioned was that designers who wished their creations to be showcased and
advertised by the Website had to register with the Website:

- Designers could opt for the “Normal registration” under which they could provide pictures along
with relevant details such as the (i) nature of the clothing or accessory (ii) the names and contact
details of the designs to the Website which would advertise them along with the names and
contact details of the designers. Such designs would be advertised alongside other designs which
may fall within the same category. Such advertising would be allowed to run for a maximum of 30
days or till the Designer asked for the advertisements to be pulled out. Viewers could contact the
designers on their own with the help of the contact information which was provided in the
advertisements. The Website specifically stated that it could offer no help in contacting the
designers.

- Designer could also choose the “special registration” wherein the designers could provide profile
pictures along with relevant details to the Website. If required, Mr Abhi or his team would advise
the designers on the most suitable profile pictures. The Website would devote entire pages to the
items of such designers. Such advertising would be allowed to run for a maximum of 30 days or till
the Designer asked for the advertisements to be pulled out. A fixed 5% of the earnings from the

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sales of such designers would be given to the Website. In such sales, the Website also played the
role of a collection agent and would ensure that collection of the monies due to the designers.

11. The terms and conditions of the Website inter alia stated as follows:

“The Website is not responsible for the contents which are displayed / advertised in the Website and
all liability rests with the designers / individuals who upload such content”

12. Mr. Bappi Lal (“Bappi”) is a 26 year old graduate from the National Institute of Fashion And Design,
Mumbai. He currently resides in Delhi.

13. In 2010, Bappi designed a gypsy styled skirt which was made out of red velvet material. The skirt had
printed on it five horizontal panels/ stripes of the following motif printed on each of the panels

Entire motif printed on skirt

through the process of To emphasise the motif, the
screen printing red duppatta and the jewellery
was highlighted with red and
silver embroidery thread
respectively

14. Bappi registered with the Website under the “normal registration” process.

15. The Website put up photos of the Skirt (which Mr. Bappi labeled as the “Queen Skirt”). The legend to
the photograph read that the skirt was inspired from a the dress of the peasant girls of a Rajasthani
village .

16. The skirt was priced at Rs 500. The skirt was purchased by many women (including college girls) and
sold over 100 pieces in five days.

17. Since the Website was doing good business, Mr. Abhi hired an ad agency to advertise the Website.

(i) Mr Abhi Singh paid a local newspaper which was published in Mumbai to publish an
advertisement about the Website which said that it was a good portal for young designers to
put up their creations. The advertisement contained a very prominent picture of the Queen Skirt
with a label that read

“the designs are hand picked by Abhi and his team of specialists and the
Webiste guarantees you the best”.

(ii) Hoardings were placed in various parts of Mumbai which also advertised the Website. Many of
these billboards contained pictures of the Queen Skirt.

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18. Ms. Khan saw this advertisement and saw the striking similarity between the Savitri Lehenga that she
had worn and the Queen Skirt.

19. Ms. Khan immediately informed Bani about it.

20. Bani sent a legal notice through her lawyers Messers Dixshit and Associates to Mr. Abhi Singh
claiming that by putting up pictures of the Queen Skirt on the Website as well as the newspaper
advertisement, the Website is violating her copyright. Mr. Abhi was urged to take down the pictures
and advertisements immediately.

21. Within a month of the notice, Ms. Bani files suit in the High Court of Mumbai suing Mr. Abhi Singh and
Bappi for trademark and copyright infringement and for declaration that Ms Bani is the true owner of
the trademark and copyright in the Savitri motif and copyright in the Savitri Lehenga. She also prayed
for damages for INR 15, 00,000 (Rupees Fifteen Lakhs) including punitive damages. At the time of
filing suit the Website had still not taken down the pictures of the skirt and the advertisements of the
Website continues.

22. Issues raised:

(i) Whether the Mumbai High Court has jurisdiction to entertain the present suit?

(ii) Whether the Savitri lehenga as a whole is copyrightable?

(iii) Whether the Savitri motif is copyrightable and whether it is a trademark of Bani’s works?

(iv) Does the Queen Skirt of Mr. Bappi infringe the copyright and/or trademark in the Savitri motif
and/or the Savitri Lehenga?

(v) Is Mr. Abhi guilty of abetting copyright infringement?

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