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D.Gowthami Reddy, Partner, M/s.Pentallect Partners

COPYRIGHT VS DEFAMATION

             The recent tussle between the well-known actors Actor Dhanush and  Actor Nayanthara over the use of few seconds of  behind the scenes footage from the movie sets of the movie ‘Nanum Rowdy Thaan’ in her recent Netflix release NAYANTHARA - beyond the fairy tale, is all over the internet. While there are people voicing out in favor of both the actors, this article is only trying to explore the legal aspects involved in this issue. Firstly, Dhanush being the producer of the above mentioned cinematograph film is the rightful and 1 st owner of the copyrighted work in the absence of any agreement to the contrary. As per the Section 17 of the copyright Act, 1957. Further, Section 14 of the Act is exhaustive of the ways in which an owner of a copyright can exploit his work. Actor Nayanthara in her public letter addressed to Actor Dhanush was very derogatory in nature and was in many places a personal attack on his character and defamatory in nature. Nevertheless, in the given case
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D.Gowthami Reddy, Partner, M/s.Pentallect Partners

How to play with designs? - Part 1 Chumbak X Crocs



Today, I am about to share an interesting story that will demonstrate industrial design as an interesting IPR with potential monetising avenues. A week ago I came across this piece of news, that the international footwear brand CROCS is partnering with our very popular Indian life style brand CHUMBAK for its Indian market to launch their first Indian collection.

Well! Most of us are aware of the well -known “crocs” Brand. A foot wear brand that is known for its comfortable foot wear. Especially during the pandemic along with sanitizers and other cleaning solutions the sales of crocs also spiked dramatically.

Crocs Inc, the company is the proud owner of multiple IPR’s such as patents, trademarks, industrial designs, copyrights, trade secrets, confidential information etc. Crocs footwear was initially not so design oriented and was predominantly only functional. It was Christopher Kane  the British designer who unlocked the Croc’s potential in his 2017 spring/summer collection.  He gave it a design twist with his tie-dye patterns and large crystals. It is quite popular among celebrities and was sported by the likes of Rihanna, Priyanka Chopra, Justin Beiber etc.

Crocs partnered with the luxury fashion house Balenciaga in its 2018 spring/summer collection and explored the more creative side of its footwear with its professional chef’s favourite shoes happily decorated with logos, flags, and even an avocado.



Crocs partnered with multiple companies to bring versatility in its shoes.  In this process has partnered with Dior, Smile Company and has even acquired Jibbitz, LLC.


Jibbitz markets and sells small, button-like accessories and ornaments. Jibbitz are decorative charms that are used to decorate the crocs. The crocs foot wear has 13 holes and they can be used to decorate those holes to make it quirky, interesting and to make a statement. Decorating crocs with charms was a big hit became quite popular among school & college goers.  Even Justin Beiber was sported with sunshine yellow crocs with cheerful pizza and rainbow Jibbitz. It was originally sold at $60, but are now fetching even more on eBay.
JIBBITZ CHARMS

All these patterns i.e. the 2d designs on the foot wear and 3d designs such as Jibbitz are subject matter of industrial designs.

Now, this partnership between crocs and Chumbak for the Indian market is a celebration of designs.  Chumbak is a lifestyle brand with a considerable range of products that includes furniture, gifts, bags, crockery and cutlery, furnishings etc. Chumbak’s very creative and exclusive in-house designs are the heart of its business. The designs of Chumbak on its products are industrial Designs and Chumbak is very successful in monetising its industrial Designs. This partnership has come up with interesting and colourful foot wear with designs by Chumbak inspired from Indian art forms inspired by the intricate patterns of Ikat & Paisleys.

The Chumbak X crocs footwear features traditional patterns on the footwear along with Jibbitz charms inspired by Indian motifs like owl, sparrow, elephant, and sparrow.

This is one very interesting case in my endeavor to explain and make my readers understand how intellectual property is to be exploited. A practical way of explaining how IP works and how one IP leads to another and how to move towards more monetising options. Crocs strategic partnership with entities that are sound in their Designs has contributed a great deal towards its success as a famous brand.

In how to play with designs? Part 2, we shall see why it is important to register your designs.
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