NATIONAL MOOT COURT COMPETITION E SPARKLE 2021

MOOT PROBLEM

1. The Republic of Indica is a Democratic and Republic Country, situated at

the Southern Tip of the Asian Continent. Intellectual Property Laws of the

Republic of Indica are TRIPS compliant and are pari-materia with the laws

of the Republic of India.

2. A cinematograph film named ‘Bleed Blue’ was shot at different locations

of Republic of Indica. This film was directed by an acclaimed director

‘David Hameron’, who instructed the lead actor of the film, ‘Mr. Halter

White’, to get a special tattoo on his right forearm specifically for the

purpose of this Cinematograph film, as it would add peculiarity to the

character.

3. Mr. Halter White called a tattoo artist, ‘Mr. Iqbal Habib’ from Republic of

Gilead to the Republic of Indica and got a specific tattoo made on his

forearm by the tattoo artist, Mr. Iqbal Habib, for a valuable consideration

paid by Mr. White. The tattoo was in a form of a character, which was

given a name ‘Reisenberg’, as per the script of the movie.

K.L.E. COLLEGE OF LAW, KALAMBOLI, NAVI MUMBAI

NATIONAL MOOT COURT COMPETITION E SPARKLE 2021

4. This cinematograph film was shot and released only in Republic of Indica,

and was widely acclaimed by the people of the Country. More than the

cinematograph film, the tattoo engraved on the forearm of the lead actor

became the talk of the town. The tattoo became famous and was associated

with the personality of the lead actor.

5. Mr. Halter White through a written agreement assigned the right to use this

particular character ‘Reisenberg’, in an animated form to a producer ‘Ajay

Nadia’, who was producing the animated cinematograph film, ‘Dragon

Glass’.

6. ‘Dragon Glass’, was released only in Republic of Indica and was widely

celebrated among the youth of the country and the particular animated

character ‘Reisenberg’ became even more popular figure. ‘Reisenberg’

was presented in an animated form and was also a part of the trailer which

attracted the masses to the theatre to watch the movie. Moreover, ‘Dragon

Glass’, was a two-hour long movie, and the character ‘Reisenberg’

appeared on screen for a duration of 7 minutes, but left a lasting impact on

the minds of the viewers.

7. Tattoo Artist, Mr. Iqbal Habib, resident of Republic of Gilead, has sued

Mr. Halter White in Gilead for copyright infringement of his art work

K.L.E. COLLEGE OF LAW, KALAMBOLI, NAVI MUMBAI

NATIONAL MOOT COURT COMPETITION E SPARKLE 2021

claiming that Mr. White had no right to assign the future use of the tattoo,

of which he is the rightful 2 author and therefore demanded the money he

received from the assignment. Mr. Habib also made producer of movie,

Mr. Ajay Nadia, party to the suit claiming the damages and accounts of

profit from him for using his intellectual creation without his prior consent.

He also demanded 5% of the profit of the film from Mr. Nadia.

8. Challenging the jurisdiction of Republic of Gilead’s court, both Mr. White

and Mr. Nadia filed a suit in a district court in Indica which has been

referred to the High Court of Dalia, claiming that tattoo artist has no legal

right to claim damages for such tattoo. The High Court is set to hear both

the parties.

Note: The laws of Republic of Gilead are pari-materia with the laws of The United

States of America.

K.L.E. COLLEGE OF LAW, KALAMBOLI, NAVI MUMBAI