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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

How to play with designs – Part 2 - Label Ritu Kumar & Athleisure

Ritu Kumar; one of the most popular designers in India is an early bird in the fashion industry. She is well known for her traditional designs with modern outlook. Usually, her design consists of exclusive Indian wear.  Recently, the Label Ritu Kumar has launched its first-ever active wear/Athleisure.

The Oxford dictionary defines active wear as “clothing designed to be worn for sports, exercise, and outdoor activities” and Athleisure is defined  as “a style of clothing that is comfortable and suitable for doing sports, but also fashionable and attractive enough to wear for other activities

Ritu Kumar’s Active wear is a colourful collection of outfits displaying vibrant and intrinsic patterns in eye pleasing and distinct colour combinations.  It’s a celebration of Indian traditional prints and patterns and a mind blowing innovation in the space of Athleisure.

The last few decades saw an upsurge in the health and fitness industry. The awareness on health and fitness among people has increased dramatically resulting in the emergence of a whole new fitness trend and fashion. People are spoilt for choices when it comes to choosing a fitness activity they could enroll themselves in to.

The list is endless with Yoga, Gym, Zumba, Aerobics, Pilates, Taekwondo, Rock climbing being some of the popular fitness activities and the list can also include dance and martial arts as fitness options. Further, the boom contributed to the growth of many other sectors leading to a heap of inventions and innovations. New products under new brands and enterprises emerged to supply to the ever growing demands. These products ranged from smart watches to health apps to fitness equipment, gym equipment and most importantly Athleisure or fashionable active wear.  Currently, there is an ever-growing demand for active wear and fitness has become an active pursuit of many. Different kind of fashionable active wear are being sported and endorsed by celebrities. There are a thousand pictures surfing in social media of celebrities sporting fashionable gym wear from different brands.

Well! Make hay while sun shines is something that we have been thought to observe since time immemorial. With the ground being fertile, there has been an emergence of domestic brands in Athleisure.

Needless to mention, that the well-known label Ritu Kumar has taken the plunge at the right time with their Athleisure collection to monetise their intellectual property. Niche active wear brands are emerging to capture the market not just in India, but also globally with their interesting designs on their attires. The design on the attires is 2D designs. They make the attire attractive and it is what appeals to the eye and becomes the selling point. Design plays a major role to have an edge in the market.


Ritu Kumar with her out of the box thought process has come up with this active wear with attractive & colourful designs.  I was thoroughly taken by surprise with the idea of how the brand has interestingly combined two unusual factors to come with something new. These are creations of mind and an intellectual property. This Athleisure collection is subject matter of industrial designs. The intellectual property is not in the outfits; Active wear is retailed by different brands but it’s in the designs and that is the exclusive intellectual property that is not available with any other brand.



In this background it is very important to understand what an industrial design is and why is it important to protect one’s industrial designs.

What is an industrial design?

In a legal sense, an industrial design constitutes the ornamental aspect of an article.

An industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or colour.

Industrial designs are applied to a wide variety of products of industry and handicraft items: from packages and containers to furnishing and household goods, from lighting equipment to jewellery, and from electronic devices to textiles. Industrial designs may also be relevant to graphic symbols, graphical user interfaces (GUI), and logos.

Counterfeiting is a major treat, therefore it is important to protect one intellectual property

Industrial design needs to be registered in order to be protected under industrial design law as a “registered design”.

The owner of a registered industrial design has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.

Depending on the particular national law and the kind of design, industrial designs may also be protected as works of art under copyright law.

In my upcoming posts we shall discuss another interesting topic on IPR.