Ipr Case Analysis

NIFT

MFM - III

Subject: Intellectual Property Rights

Case Analysis

Date : 10/09/2015

Submitted to : Dr. Sanjeev Malage

Submitted By :

Srishti Raut

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Table Of Contents

1. Copyrights Case : Tahiliani Design Pvt Ltd. versus Rajesh Masrani (India,2008)

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2. Trademarks Case : Industria De Diseno Textile Sa (Zara) versus Oriental Cuisines Pvt. Ltd.

(India, 2015)

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3. Technology Patent Case : Nike versus Adidas (Germany, 2012)

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4. Industrial Design Case: Crocs versus International Trade Commission (USA, 2010)

12

5. Bibliography

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6. Patent Document - Garment Backpack

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1. Copyrights Case : Tahiliani Design Pvt Ltd. versus Rajesh Masrani (India,

2008)

Brief of the dispute :

Tarun Tahiliani is a renowned designer within the Indian Fashion Industry , well know for his haute

couture collections and superior design sense. He is also the owner of Tahiliani Design Pvt Ltd.

where in he is responsible and has complete ownership of the designs created under this label by

him or on behalf of him. The entire process of designing and creating a new collection, is a

meticulous process at the brand house & is carried under strict supervision of the designer. Rajesh

Masrani was an employee under Tarun Tahiliani , and was hence under the clause which stated that

any design created or produced on behalf of the label belongs to the owner. Post quitting during the

course of the creation of the Autumn 2006/07 collection , Rajesh Masrani replicated the same

designs created under the supervision of Mr. Tahiliani.

Hence the complainant Tahiliani Design Pvt Ltd. had registered an official complaint again Rajesh

Masrani accusing the defendant of copyright infringement in the “artistic works” created by the

plaintiff’s company for the Autumn collection 2006/07. The plaintiff claimed that the designs &

patterns fall under the category of artistic works mentioned in Section 2(c)(i) of the Copyright Act.

In this section...