INTERCESSIONIS 2022

5TH EDITION OF THE ILSCA INTER -COLLEGE MEDIATION COMPETITION

FINAL ROUNDS
“MISCHIEVOUSLY IDENTICAL”

GENERAL INFORMATION

1. DigiMeet, Inc is a German multinational technology conglomerate based in Victoria,

Prague- Germany. DigiMeet is the global giant in the arena of web portals and mobile
applications. The company is the parent organisation for DigiMeet India Limited,
DigiGram and DigiApp among other subsidiaries. DigiMeet India Ltd is a duly
incorporated company based in Delhi, India and a subsidiary of DigiMeet, Inc. Though
DigiMeet India is duly incorporated in India, its day-to-day business affairs are
monitored and controlled by DigiMeet, Inc. DigiMeet is also known to attract the best
intellectual pool in the software development from across the globe.

2. DigiMeet is very much involved in web portals and mobile applications which are used
by the public at large all over the world. DigiMeet and its services such as DigiGram,
DigiApp are being used by people across the globe. DigiMeet through its online
services is providing a personalised experience to its users. The online services let users
connect with other people and organisations which people care about. It empowers
users to express themselves and communicate about what matters to them. It also
enables users to discover content, products and services that may interest them. It
enables global access to its services.

3. DigiMeet has recently launched a “Digi-Shop” hosting on its web portal which is a
convenient destination on DigiMeet to discover, buy and sell items with people in the
user community. Typically, “Digi-Shop” is an E-commerce web portal and mobile
application. “Digi -Shop” is available to most people 18 and older across the world.
Users of DigiMeet can use “Digi-Shop” on iPhone, Android, and iPad with DigiMeet
Shop app or their desktop at www.digimeet.com/digishop.

4. Digi-Shop webservice portal and mobile application specialise in the business of digital
promotion for bottom level individual service providers to top-level corporate service
providers with additional related features which will help them to promote and support
their business through online advertisement i.e. web service portal and mobile
application. This App gives information to users anytime and anywhere about any
 service provider under one roof with just a single click. And this App builds a bridge
between customers and service providers.

5. That the revenue of DigiMeet after launching this Digi-Shop webservice portal and
mobile application increased remarkably from 2019 to 2021. One of the reasons for the
revenue growth was worldwide lockdowns which made people opt for virtual and
online services for their day to day needs too.

6. True Vision Softech Pvt Ltd is a start-up enterprise run by Mr Hariharan Madhai
who is B.Sc. graduate with a master’s degree in business administration from the
reputed Indian institute and holds a diploma in Software Programming languages from
a private institute and is now a self-employed Director at his own company. Mr
Hariharan Madhai has developed various websites and mobile applications for his
clients through his company True Vision Softech Pvt Ltd. He is also involved in
projects such as digital marketing for clients.

7. In the year 2017, True Vision Softech Pvt Ltd developed software for business purposes
to provide bottom level goods and service providers the facilities of online promotion
and advertisement. It developed the computer programme which was further
copyrighted under the Copyright Act, 1957 by True Vision Softech Pvt Ltd. After
getting the copyright over the computer programme, True Vision Softech Pvt Ltd also
developed an android mobile application in the name of “Truly Shop”. True Vision
Softech Pvt Ltd is carrying and conducting its trade and business from Pune in
Maharashtra. True Vision Softech Pvt Ltd is the owner of the copyrighted literary work
(computer programme) under the Copyright Act, 1957 certified by the Copyright
Office, Registrar of Copyright – Delhi, India. The literary work copyright granted to
True Vision Softech Pvt Ltd is also valid in 177 states under the Berne Convention,
1886 for the protection of literary and artistic work.

8. In the year 2021, Mr Hariharan Madhai found Digi-Shop on the website of DigiMeet
and a mobile application. He found that the features & functionality of Digi-Shop are
identical to the “Truly Shop”, a copyrighted Literary work registered in the name of his
own company- True Vision Softech Pvt Ltd. Mr Madhai himself made use of both Digi-
Shop and Truly Shop as an end user. And then he confirmed the fact that both Digi-
Shop and Truly Shop have identical features and functionality. Mr Hariharan Madhai
emailed DigiMeet in July 2021, informing that True Vision Softech Pvt Ltd is the owner
of Literary work (computer programme) which they are using on their web portal.
However, Mr Hariharan Madhai did not get any response to the email. Mr Hariharan
Madhai sent a legal notice to DigiMeet through his local advocate to withdraw the
“Digi-Shop” App from their web portal. In the said legal notice, Mr Hariharan Madhai
contended that Digi-Shop, a web service and mobile application is having completely
same and identical features and functionality of “Truly Shop” mobile application
developed by his company and is identical to the Literary work (computer programme)
registered under the Copyright Act, 1957 and DigiMeet have committed a breach of
Copyright Act, 1957 by copying the literary work as it is. This has caused a loss to his
revenues generated through the “Truly Shop” app. DigiMeet is using the copyright in
the Literary work of True Vision Softech Pvt Ltd without any permission or written
 understanding with True Vision Softech Pvt Ltd. In response to the legal notice,
DigiMeet replied to True Vision Softech Pvt Ltd that the claim of True Vision Softech
Pvt Ltd is false since the application is not original literary work.

9. True Vision SoftTech Pvt Ltd through its director Mr Hariharan Madhai filed lawsuit
against DigiMeet India and DigiMeet Inc. in the District Court of Pune, for claiming
damages, for restraining infringement of copyrights and rendition of accounts of profits.
Subsequently, Mr Madhai also published the news in newspaper about the lawsuit
against the DigiMeet and the news have gone viral through social media. The suit is
banked upon the allegation that DigiMeet has copied the copyrighted literary work of
his company in Digi-Shop and DigiMeet has used the concept or idea underlying the
App called “Truly Shop”. Mr Madhai also filed a criminal complaint against DigiMeet.

10. That the parties to the suit were served upon notices of the suit and on the appearance
of the parties, the matter was routed to mediation with District Legal Services
Authority, Pune. Due to the Covid-19 mandate and the founder and the chief operating
officer of DigiMeet Inc. being based in Germany, the mediation was to be held virtually.
Both the parties to this commercial dispute agreed to attend the virtual mediation.

11. In the virtual mediation, DigiMeet Inc. and DigiMeet India were represented by its
Chief Operating Officer Ms Cheryl Landberg and Legal Counsel Linda Marsh, and
True Vision Softech Pvt Ltd was represented by its director Mr Hariharan Madhai and
his advocate Mr Keshav Mohan.
This problem has been drafted by Legal Integrity LLP for the purposes of Intercessionis 2022.
Reproduction without express consent is prohibited.

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