Delhi HC seeks production, sales details from Rapsodia in Anupama Dayal copyright suit

Delhi HC orders Rapsodia to reveal production and sales data in Anupama Dayal's copyright infringement case.

In an interim order in a suit filed by Indian designer Anupama Dayal against Argentinian brand Rapsodia alleging unauthorised duplication of her copyrighted works, the Delhi High Court has directed the company to disclose production, manufacturing, export and sales details of the alleged infringing products.

The court, in a February 6 order, asked the defendant to file, within six weeks, an affidavit setting out the total number of items produced for each alleged infringing work, the dates of manufacture, the place and name of the manufacturer, dates of export from India along with shipping documents, packing lists, invoices and forwarder documents, the final retail price of each item with supporting records, total sales figures, and copies of purchase orders.

The order came after Ms. Dayal moved a petition last year after she found out from the company’s official website and social media platforms that several garments bearing clear and substantial similarities to her original artistic creations.

“Upon doing so, she was shocked to discover that a number of garments bearing clear and substantial similarities to her original artistic creations i.e. replicas, knock-offs and adaptations of her original artistic creations were being marketed and sold as original works under the RAPSODIA label at exorbitant prices,” her plea said.

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Ms. Dayal, through senior advocate Chander M. Lall, placed before the court detailed, side-by-side visual comparisons of these infringing products against her original artistic creations.