KARNATAKA STATE LAW UNIVERSITY

Clinical Course-IV

MOOT COURT PROBLEM -3

5YR & 3YR LL.B COURSE & Repeaters

20/04/14 8.00

AM

41311101001 To

41311101101

3year course

21/04/14 8.00

AM

41311101102 To

41311101159

& 5 year students

3 Year & 5 Year

Repeaters

Ms.Kanika, a leading actress in hindi cinema has a huge fan

following. Her fans started imitating her life style and taking

advantage of her stardom, a beauty product company namely ‘Fair &

Style’ entered into a contract with Ms. Kanika on 23/3/13 to promote

and endorse its cream ‘Fair skin’ for 1 year and paid huge

remuneration. But, the actress started endorsing the said product

without using and knowing its features. Looking at the advertisement,

people started purchasing the same product which increased the

demand for product and also the profit of the company. Later, the

consumers came to know that the Trade Marked products are not

fulfilling their promises. Like Ms. Kanika, other actors also endorsing

different products which failed to give agreed results to the

consumers. One Ms. Lily and many other consumers filed complaints

against such Companies and actors for misleading the consumers on

4/4/2014. But Ms. Kanika took a contention that the contract period

was completed and the company, without her consent has used her

name to endorse its product even after the expiry of the contract

period and that she is not liable. On the other hand, the companies

contended that there were disclaimers put up in the advertisements

and on the products endorsed too.

The situation is brought to the notice of the Central Government

to take strict action against the Companies and the actors. The

Government passed an order saying that “for broadcasting any

misleading advertisements, the broadcasters (cable channels), the

manufacturing companies, advertising companies and the actors who

are endorsing and promoting such brands will be liable even after the

expiry of the contract period”. Feeling aggrieved by the passing of the

said order, the ‘Actors Association’ along with the broadcasters (cable

channels), the manufacturing companies, advertising companies have

filed a SLP before Supreme Court of India challenging the order of

the Central Government. The matter posted for final arguments.

Note: 1. Odd register number students shall argue for

Respondent and Even register number students shall argue for

Petitioner.

2. The students are required to attend the moot court exam

in uniform.

3. The two sets of hand written memorials to be submitted to

the judges. The memorials shall be written in green legal sheets

and the same shall be spirally bound.

Last date for submission of Clinical Course-4 internship

record is 5/5/2014