I Suite l20-2l, Ith Floor, Tower?A, DLF Towers. )asola District Centre, New Delhi ADVOCATES 8t LEGAL CONSULTANTS Tel (9I-I I) 4 II 5222, 43I29300 Fax (9I-I I) 405638I3 E-mail Dated: December 21, 2016 To - . Fox Star Studios India Private Limited (Producer, Movie Titled Jolly LLB 2) Star House, Urmi Estate, 95, Ganpatrao Kadam Marg, Lower Parel (W), Mumbai 4000 13, India E?rnail id: 2. Mr. Naren Kumar, Executive Producer Fox Star Studios India Private Limited Star House, Urmi Estate, 95, Ganpatrao Kadam Marg, Lower Pare] (W), Mumbai 400013, India 3. Mr. Deepak Jacob Director, Fox Star Studios India Private Limited Star House, Urmi Estate, 95, Ganpatrao Kadam Marg, Lower Parel (W), Mumbai 400013, India 4. Mr. Amit Shah Director, Fox Star Studios India Private Limited Star House, Urmi Estate, 95, Ganpatrao Kadam Marg, Lower Parel (W), Mumbai 400013, India 5. Mr. Subhash Kapoor Writer and Director, JOLLY LL.B. 2 0 FOX Star Studios India Private Limited Star House, Urmi Estate, 95, Ganpatrao Kadam Marg, Lower Parel (W), Mumbai 4000 13, India 6. Mr. Annu Kapoor 4 4, Seema Society, Dutta Road, Four Bunglows,?Andheri (West) $9 Mumbai Page 1 of 9 MUMBAI 9 BANGALORE 0 CHENNAI HYDERABAD AGRA 8 DUBAI 0 SINGAPORE . TOKYO 0 ATLANTA 0 office) . 1? ADVOCATES 8: LEGAL 7. Mr. Akshay Kumar 203, A?Wing, Lokhandwala Complex, Andheri West, Mumbai Gentlemen, Under instructions on and /or behalf of Bata India Ltd. a company incorporated under the Indian Companies Act, 1913 having its registered of?ce at 27-13, Camac Street, First Floor Kolkata 700 016 and its corporate of?ce at Bat'a house, 418/2, Sector?17, Gurgaon Mehrauli road, Gurgaon 422001 (?Our Client?) we hereby serve you with the present notice before taking appropriate legal action against you in Court(s) of law: 1. Our Client, as you are well aware, is one of the leading manufacturer and seller of footwear in India and in several other countries of the world. Our Client is also is the registered proprietor of the trade mark(s) BATA under the provisions of Trade Marks Act, 1999 in various classes and for various goods inter-alia in respect of FOOTWEAR. The said mark BATA also forms an essential part of Our Client?s corporate name 85 is exclusively associated with our client. 2. That Our Client nurtures the largest footwear retail network that comprises of around 1200 stores in various cities towns of India and its retail stores are amongst the most recognizable and favored landmark in every major market in India. Such retail outlets exclusively sell only BATA products and use exclusive stationery and prominent sign boards of Our Client?s registered trade mark/Trade name BATA in such a manner which clearly conveys an idea to the general public that such store are exclusive BATA outlets. 3. That Our Client has been continuously using the trade name trade mark as an essential part of its corporate Page 2 of 9 . 415E53 ADVOCATES a: mint CONSULTANTS and also as its world famous inherently distinctive trade mark in relation to sale of goods being footwear manufactured by it ever since the year 1931. 4. That Our Client has already spent and still continues to spend a huge amount for several decades to build its brand reputation by advertisement and promotion, at the domestic as well as global level and by virtue of extensive advertisement, huge customer satisfaction quotient, high quality of goods manufactured by it. The trade mark/ trade name has been enjoying a status of a well known trade mark in India and has attained a high reputation amongst the members of the trade as well as the general purchasing public. Our Client?s trade mark BATA has also been recognized as a well known trade mark in various decisions of the Indian Courts and is mentioned in the list of well known trade marks in India published by the 'Indian Trade Marks Registry on its of?cial website. 5. That apart from the trade name trade mark BATA, Our Client is also the owner and or exclusive licensee of many popular and prestigious brands including but not limited to Marie Claire, Hush Puppies, Scholls, North Star, Power, Bubble Gummers, Com?t, Koolkids, Sandak, Westminster, Verlon, Weinbrenner, Naturalizer etc. which are sold inter alia through the exclusive Bata Retail stores. 6. That apart from the common law rights in the trade mark our clients? have also acquired statutory rights in the mark BATA in India in various classes under the provisions of Trade Marks Act, 1999, such as trade mark registration under no(s). 6574, 132517, 183470, 256000, 277601, 303532, 922735, 1072341, 1072349, 1072358, 1072359 in class 25 in addition to various other registrations in several other classes. Page 3 of 9 - . Ebvo?nrti?s LEGAL The aforesaid registration(s) are valid and duly subsisting in accordance with law having being renewed from time. 7. Apart from the above, Our Client has enjoyed and continues to enjoy and impeccable reputation amongst all classes of the Indian public which include a common middle class men, those from the higher strata and even from the elitist of the elite lot of the Indian society. The footwear and other accessories, of Our Client are worn and adorned by who?s who of the country and are patronized by several well?known personalities. BATA as a brand stands committed to quality. The usage, reach and consumption of the goods under the trademark BATA is such that the same is a household name across India. In fact, there would hardly any Indian who would not be aware of BATA as a well known brand for footwear. That being so, earlier today the attention of Our Client has been drawn to the of?cial trailer of the movie produced by you noticee no.1 and written and directed by you noticee no.4 titled JOLLY LL.B. 2 starring inter alia you noticee no. 5 85 noticee no.6, which is stated to be first released on December 19, 2016-. The - said of?cial trailer is stated to be trending as 1 all over the internet ever since of its release on December 19, 2016 especially on The same is also stated to run extensively in various multiplexes like PVR Cinemas, Satyam Cineplexes and several single screen theatres in almost all towns, cities and states of India. The online links for the said of?cial trailer are being tweeted by various personalities including the actors working in the said movies. As per the reasonable estimation the online versions of the said of?cial trailer has received Lakhs of views over the past 24 hours. Further, thousands of people visiting various multiplexes and single screen cinemas are reported to have watched the same over the past two days. Page 4 of 9 ADVOCATES 8: LEGAL CONSULTANTS 10. Upon the perusal of the said of?cial trailer of the movie JOLLY LL.B.-2, it has been revealed that in the depiction published in the said scene of the trailer wherein at about 1 minute 05 -- second of the 2 minutes 3'7 second trailer, a reference to Our Client?s Trade Mark/Trade Name BATA is made in a dialogue which appears during an argument between two actors namely Annu Kapoor and Akshay Kumar, wherein Annu Kapoor is shown reciting the following line. ?Vama kya BATA ka joota pehan kar, tuchhi si terricot ki shirt pehan kar, sala hum se zabaan lada rahe hain?. Immediately on the conclusion of the afore?mentio'ned dialogue Akshay Kumar is shown to have slapped Annu Kapoor. Further the while the dialogue played, English subtitle to the same are appearing in the following manner: ?Who are you to argue with me in your CHEAP SHOES and shabby clothes?. Screenshots of the aforesaid title of the screen are depicted below:? Page 5 of9 . IEKOCHHARSCCO. ADVOCATES 8: LEGAL CONSULTANTS 11. A .bare watch of the aforementioned of?cial trailer which is trending and been watched rapidly over the internet and in cinemas, it becomes clear that the brand BATA of Our Client has been deliberately shown in an extremely bad taste and the dialogue is intended to conyey that the brand BATA is adorned only by lower strata of society and one should feel humiliated if one wears BATA footwear. Infact the expression and reaction to such a dialogue by Akshay Kumar in the trailer shows that even the person to whom such a statement is hurled took the same extremely negatively and slapped Annu Kapoor in Open Court as if he has been severely abused in the dialogue or he has been hurled with some derogatory remarks. 12. To add further insult to the injury caused by the spoken use of the brand BATA, while the subtitles of the aforementioned dialogue were prepared and in?scripted in the movie, the reference to BATA SHOES is made as 13. It is evident that the depiction of the aforesaid dialogue in the trailer culled out of the movie JOLLY LLB-2 is a deliberate attempt on part of the entire team responsible for the same to tarnish the brand image of BATA perhaps at the instance of some of the competitors of Our Client whose products our promoted by Mr. Akshay Kumar as a brand ambassado . Page 6 of 9 . CONSULTANTS 14. Our Client is extremely. sensitive and watchful of any attempt which undermines the reputation of BATA as a brand or which is aimed to damage and disrupt the feel of pride that every patron of BATA experiences and demonstrates while somebody notices that a person is wearing shoes and accessories manufactured by BATA. '15. That by the publication of the of?cial trailer containing the aforementioned dialogue and subtitles as stated above, you have published wrongful imputations concerning Our Client clearly intending to harm, knowing very well that such imputations would harm and damage the reputation of Our Client and such acts amount to criminal defamation by virtue of which substantial harm has already being caused to Our Client?s reputation and goodwill and which harm is continuing to be caused by each minute and by each view of the trailer which is freely available on the world wide web through various web sites including YOU TUBE and is being shown in various multiplexes and single screen cinemas under your authority. 16. That apart from the criminal offence of the defamation and the civil tort of defamation, the aforesaid acts also amount to commercial disparagement and tarnishment of the brand BATA. It is a known fact that such is the impact of the Hindi cinema on common Indian men that the people are likely to avoid the purchasing and wearing BATA shoes under the apprehension that they would also be considered to be wearing CHEAP SHOES if someone notices them wearing BATA shoes. The direct result of such misrepresentation likely to cause huge ?nancial loss to Our Client in terms of loss of future pro?ts and also the loss of reputation and goodwill which is irreparable and may not be able to be quanti?ed in terms of money. Page 7 of 9 (3?5 17. 18. (C) ADVOCATES 3: LEGAL CONSULTANTS Last, but not the least, such use of Our Client?s registered trademark BATA in the of?cial trailer of-the movie JOLLY LL.B. 2 by you amounts to dilution and infringement of the said registered trademark by virtue of the provision of Section 29 (4) and ?29 (9) of the Trade Marks Act, 1999. It is evident that the spoken use of the mark BATA by you is without any due cause and is detrimental to distinctive character and repute of the registered trade mark BATA which is a well known mark and enjoys immense reputation and goodwill among the purchasing public. In view of the above, we on behalf of our clients call upon you to comply with the following requisitions namely: to immediately pull down the official trailer of the movie JOLLY LL.B. 2 containing the dialogues as referred in para 9 and 10 above from all websites, online links and theatres; and To cease and desist from further disparaging and tarnishing the brand image of the registered trade mark BATA in the movie JOLLY LL.B. or in any press conferences, promotional events etc. in any manner whatsoever; and I - To issue a written apology in favour of Bata India Limited thereby apologizing for the acts of using the trade mark BATA in the impugned dialogue and an undertaking to the effect that the brand BATA shall not be tarnished any further and To publish a written apology in the leading newspapers/ magazines and other online and of?ine medium for the acts of using the trade mark BATA in the impugned dialogue and declaring that version of the trailer was erroneous and you notice no. 1 85 4 apologize to BATA India Limited for having damaged its reputation and goodwill by the impugned dialogue as depicted in the of?cial trailer released on December 19, 2016 Page 8 of 9 ADVOCATES 8: LEGAL CONSULTANTS To publish a notice prominently in the trailer and the movie of JOLLY LL.B. 2 to be displayed in all versions including but not limited to theater release, channel release and home release versions declaring that the use of the word BATA in the of the trailer was erroneous and you noticee no. 1 8r, 4 apologize to BATA India Limited for having damaged its reputation and goodwill by the impugned dialogue as depicted in the official trailer released on December 19, 2016. We shall look forward to receive your con?rmation letter complying with the above stated bare minimum requisitions along with duly executed undertaking in the aforesaid terms within THREE (3) DAYS of the receipt of the present notice failing which our clients shall be constrained to initiate appropriate legal actions including the institution of a civil suit for injunction and damages of at least Rs. 10 Crore and or initiation of criminal proceedings against you all under the provisions of Section 499/500 of Indian Penal Code, which please note, shall be entirely at your risk, as to the costs and consequences. Partner 82; Head IP (Litigation) COPY FOR INFORMATION AND COMPLIANCE TO: 1. 3. PVR LIMITED, 6 1, BASANT LOK, VASANT VIHAR, NEW ID: pankai . dhawan@pvrcinemas.com . SATYAM CINEPLEXES LIMITED, 612?618, NARAIN MANZIL, 6TH FLOOR, 23, BARAKHAMBA ROAD, NEW DELHI ?110001 ID: upen.shah@inoxmovies.com YOUTUBE LLC 901, CHERRY AVE, SAN BRUNO, CA, 94506 1egal@support.voutube.com Page 9 of 9