Attorney General Quiz 2016 Finals

Attorney General Quiz 2016

11th September 2016

Balaji Subramanian & Lokesh Kaza

Acknowledgements

Vishnu Sumanth

TPS Harsha

Avaneendra Khare

Quizzing@NALSAR

Thanks to:

Format

45 questions in all

Round 1: Written (5 questions)

Round 2: 10 questions clock-wise


Round 4: 10 questions clock-wise


Round 6: 10 questions anti-clockwise

Theme Round

Theme: Indian Controversies decided by Courts

Written

5 questions

+10 for each question, part points applicable.

1.

X and Y were charged with violating the Indecent Representation of WomenAct, 1986 and subsequently under Section 292(A) of the Indian Penal Code,which referred to “printing of grossly indecent matter.” Another case was filedunder the Wildlife Protection Act for illegal use of something that wasfeatured.

The case lasted for 14 years, after which the court acquitted the accused in2009. All the eight accused including the publishers, distributors, andphotographers received a clean chit. In his order, magistrate MJ Mirza said itwas impossible to label it obscene as “too conservative an approach cannotstand the test of time”. He also stated that obscenity itself was subjective,depending on how different groups saw it.

What was the controversy? Who were X and Y?

2.

In a recent judgment, the Delhi High Court slapped a 10 lakh fine on X for copyrightinfringement. X had previously requested Y and his grandsons to license the rights to this,including the use of the title and other characters. The same was not granted andsubsequently, the name that X had in mind had to be changed.

Even before its release in 2006, the plaintiffs instituted a suit alleging that at variousinstances, the defendants had used the underlying music, lyrics, background score and evendialogues from what was their copyrighted property. Further, the characters in X’s venturenamely BABBAN, NARSIMHA, RAJ-HEERO, GHUNGROO, DURGA DEVI, TAMBHE, RAMBHABHAI, REHMAT'S FATHER AND REHMAT were also bearing striking resemblances to theoriginal characters.

The various newspaper articles, interviews given by the defendants led the public to believethat it was touted as a remake of the original, when it was not authorized by Y and hisgrandsons to do so.

Who was X? What was his project and what was it infringing upon?

3.

The nationwide furore began after X and Y appeared together at an AIDS-awareness function in New Delhi in 2007. While the event was supposed tohighlight the risky sexual behaviour of truck drivers, the focus was on somethingelse entirely.

It went on to be declared Hindu groups "an outrage against her modesty and anaffront to Indian culture", and they quickly vented their anger by burning andkicking straw effigies of the pair in countrywide protests.

While the two protested their innocence, a Jaipur judge watched a video of thealleged offence, promptly found the man "guilty of violating Indian laws againstpublic obscenity", and ordered both of them arrested.

What controversy was this?

4.

In 2015, Justice Rajiv Shakdher of the Delhi High Court heard a plea filedby X's grand-nephew Firoz Bakht Ahmed. Ahmed had moved the courtalleging that Y, who was then heading the Indian Council for CulturalRelations (ICCR) had chosen a morphed photograph for a book. Thephoto came with an introduction and showed a young Y with X. Thecaption read “Y with X after her graduation".

The petitioner alleged that the photograph was morphed as Y hadgraduated in May 1958 whereas X had died on February 22, 1958. Thepublication titled ‘Journey of a Legend’ was later withdrawn by the ICCRand a revised version was released.

ID X and Y.

5.

After vociferous protests by local caste-based groups alleging that X hadhurt community sentiments, defamed women, and outraged religiousfeelings, the police got involved, and “summoned” the parties for a“peace talk”.

This incident led to a series of litigations that eventually found their wayto the Madras High Court. The People’s Union for Civil Liberties filed apetition asking the Court to hold that the police-mediated settlement hadbeen coercively imposed upon X, and should have no effect.

However, the Court invalidated the settlement, dismissed the criminalcomplaints, and dismissed the petition seeking a ban.

Who was X?

Exchange Sheets.

1.

X and Y were charged with violating the Indecent Representation of WomenAct, 1986 and subsequently under Section 292(A) of the Indian Penal Code,which referred to “printing of grossly indecent matter.” Another case was filedunder the Wildlife Protection Act for illegal use of something that wasfeatured.

The case lasted for 14 years, after which the court acquitted the accused in2009. All the eight accused including the publishers, distributors, andphotographers received a clean chit. In his order, magistrate MJ Mirza said itwas impossible to label it obscene as “too conservative an approach cannotstand the test of time”. He also stated that obscenity itself was subjective,depending on how different groups saw it.

What was the controversy? Who were X and Y?

Tuff Shoes Ad; Milind Soman & Madhu Sapre

2.

In a recent judgment, the Delhi High Court slapped a 10 lakh fine on X for copyrightinfringement. X had previously requested Y and his grandsons to license the rights to this,including the use of the title and other characters. The same was not granted andsubsequently, the name that X had in mind had to be changed.

Even before its release in 2006, the plaintiffs instituted a suit alleging that at variousinstances, the defendants had used the underlying music, lyrics, background score and evendialogues from what was their copyrighted property. Further, the characters in X’s venturenamely BABBAN, NARSIMHA, RAJ-HEERO, GHUNGROO, DURGA DEVI, TAMBHE, RAMBHABHAI, REHMAT'S FATHER AND REHMAT were also bearing striking resemblances to theoriginal characters.

The various newspaper articles, interviews given by the defendants led the public to believethat it was touted as a remake of the original, when it was not authorized by Y and hisgrandsons to do so.

Who was X? What was his project and what was it infringing upon?

Ram Gopal Varma, Aag and Sholay

3.

The nationwide furore began after X and Y appeared together at an AIDS-awareness function in New Delhi in 2007. While the event was supposed tohighlight the risky sexual behaviour of truck drivers, the focus was on somethingelse entirely.

It went on to be declared Hindu groups "an outrage against her modesty and anaffront to Indian culture", and they quickly vented their anger by burning andkicking straw effigies of the pair in countrywide protests.

While the two protested their innocence, a Jaipur judge watched a video of thealleged offence, promptly found the man "guilty of violating Indian laws againstpublic obscenity", and ordered both of them arrested.

What controversy was this?

Shilpa Shetty-Richard Gere kiss

4.

In 2015, Justice Rajiv Shakdher of the Delhi High Court heard a plea filedby X's grand-nephew Firoz Bakht Ahmed. Ahmed had moved the courtalleging that Y, who was then heading the Indian Council for CulturalRelations (ICCR) had chosen a morphed photograph for a book. Thephoto came with an introduction and showed a young Y with X. Thecaption read “Y with X after her graduation".

The petitioner alleged that the photograph was morphed as Y hadgraduated in May 1958 whereas X had died on February 22, 1958. Thepublication titled ‘Journey of a Legend’ was later withdrawn by the ICCRand a revised version was released.

ID X and Y.

Y- Najma Heptullah, X- Maulana AbulKalam Azad

5.

After vociferous protests by local caste-based groups alleging that X hadhurt community sentiments, defamed women, and outraged religiousfeelings, the police got involved, and “summoned” the parties for a“peace talk”.

This incident led to a series of litigations that eventually found their wayto the Madras High Court. The People’s Union for Civil Liberties filed apetition asking the Court to hold that the police-mediated settlement hadbeen coercively imposed upon X, and should have no effect.

However, the Court invalidated the settlement, dismissed the criminalcomplaints, and dismissed the petition seeking a ban.

Who was X?

Perumal Murugan

Dries: Clockwise

10 questions

Infinite Bounce, with Pounce

+10/-5

1.

ABC India Ltd. vs Union Of India was a 1991 Customs case in which ABC India Ltd., thepetitioner was carrying on business of public carriers, transportation and erection work.

The case dealt with the status of a special lifting and erection equipment called “Hydra-jack” which was procured from the Netherlands on hire, for a particular purpose whichthe petitioner contended was in public interest.

The Court noted that Hydra-jack was successfully imported into India after necessarypermissions were sought. However, it also observed that the equipment could not beused for what it was intended for and had to be re-exported.

Why was the Hydra-jack brought into India?

What happened after, which meant that the equipment could no longer be used?

And the answer is…

Brought in to erect the Buddha Statute at Hussain Sagar,After the statue slipped and fell into the lake, the equipment

had to be sent back

2.

BV Narayana Reddy v. State of Karnataka, decided on 16 Aug 1984, was the firstever Public Interest Litigation admitted by the Karnataka High Court. The namedpetitioner was the Accountant General of the State Bank of Mysore, and had nodiscernible interest in the matter being raised before the court. However, theKarnataka High Court acknowledged that the question of law – whether a certainlocation merited protection as a “protected monument” under the KarnatakaAncient and Historical Monuments and Archaeological Sites and Remains Act,1961 – was in genuine public interest, and entertained the petition. Thejudgement, however, went against the petitioner, and the court held that thestructure did not qualify for protection under the Act. However, the case putpressure on the state government, and forced it to rescind an earlier orderseeking its demolition.

What was the subject matter of this litigation?


The premises of the Karnataka High Court

3.

Hugo Grotius is often recognised as the father of modern international law. In theseventeenth century, he propounded that a coastal state had the right to exercisejurisdiction over that portion of its adjoining waters which it could control effectively from itsland. Following this, Dutch jurist Cornelius van Bynkershoek came up with a method todelineate this boundary: the jurisdiction of a coastal state would extend as far as the rangeof its _______. Ferdinand Galiami took this one step further, procuring the most advancedspecimens and testing them to ascertain their range. His experiments yielded a figure ofthree nautical miles, which was accepted under international law as the width of theterritorial sea. In 1982, the United Nations Convention on the Law of the Sea was adopted.Article 3 of the UNCLOS did away with this nearly three-century-old rule, giving states theright to exercise jurisdiction over waters up to 12 nautical miles from their coasts.

What was the metric used by van Bynkershoek and Galiami to determine the width of the territorial sea?


Cannon Shot

4.

Coverture was a common law doctrine by which the legal rights andobligations of a woman were deemed to be automatically subsumed bythose of her husband upon her marriage. On the date of her marriage, alegal fiction comes into existence, which deems that the husband andwife are one person. This means that married women could not enter intocontracts or buy or sell property without their husbands’ permission.What’s more, it also deems that the husband is the “head and master” ofthe wife, meaning that all her actions are assumed to be under hisdirection and control.

If this sounds like a load of crap to you, then you’re not alone. When aprincipal character in a 19th century work was informed of this doctrine,what was his legendary five-word response?


The Law is an Ass, from Oliver Twist

5.

After the death of fashion designer Yves Saint Laurent in 2008, hiseponymous label came under the control of Hedi Slimar. In 2012, heannounced a controversial decision to drop the “Yves” from the designhouse’s name. Fans perceived this as a deliberate insult to a dead legend,and a Parisian boutique began selling T-shirts bearing the brand namewith an additional truncation, reading “_____ _______ without Yves”, as amark of protest. When Saint Laurent found out, it promptly sued fortrademark infringement and dilution, and cancelled all orders it was todeliver this boutique for its Spring 2014 collection.

What was the result of the second round of truncation, which the labelhad such a huge problem with?


6.

Larry Flynt’s is a recurring name in US free speech jurisprudence. He has foughtmany battles on obscenity and libel. He is perhaps most famous for his antics incourt, such as wearing the US flag as a diaper at a hearing (he was jailed for sixmonths for this), and for yelling “Fuck this court!” and calling the bench “eightassholes and (referring to Justice Sandra Day O’Connor) a token cunt” duringproceedings in the SCOTUS.

United States Postal Service v. Larry Flynt is another landmark case, in which hesuccessfully argued that he had the right to send copies of his publication to allmembers of Congress, and that his right to “petition his elected officials” in thismanner outweighed Congress members’ right to reject unsolicited advertisementin the mail.

As a consequence, what does each member of Congress receive in the mail everymonth to this day?


7.

Radhabinod Pal’s contribution to Indian history is minimal, with hisgreatest heights being his tenure as a judge of the Calcutta High Court,his Vice Chancellorship of the University of Calcutta in the early 1940s,and a lengthy stint at the International Law Commission from 1952 to1966.

What did he do in the intervening period, which earned him immortalityin a country that worships him to this day (as you can see in the image)?


He was the sole dissenting judge to return a “not guilty” verdict in the Tokyo Trials

8.

SaveLife Foundation is an NGO established in New Delhi focused on improving road safetyand emergency medical care. It was founded in 2008 by Piyush Tewari following the death ofhis 17-year-old cousin, Shivam Bajpai, in a road accident.

Tewari was particularly angered by the fact that hundreds of people had passed by hiscousin, but had not attended to him within the critical hour after the accident. He thenstarted studying the space of emergency care and discovered that according to the LawCommission of India, 50% of all road accident deaths in India could be prevented if thevictims were to get care on time.

In trying to comprehend why Shivam hadn’t been helped, Tewari discovered a law that wentback to the 19th century. This law, which was instituted for other reasons was instrumentalfor scaring away passersby in the vicinity of road accidents.

What law was this, and what was it instituted for?


The law required India’s hospitals to record the identity of anyone who broughtin a person for care. It was used by the British police when someone brought aninjured freedom fighter to the hospital, so they could track down others.

Note: In March, the Supreme Court issued a judgment requiring governmentsacross India to comply with a set of guidelines to protect good Samaritans. Asper this judgment, Indians who assist others in need will no longer be requiredto disclose personal information or be subjected to questioning by the police.

9.

In 1978, the Sunday Times ran a contest on coincidence where readers were invited to sendin the most striking coincidence they knew of. The contest, judged by Arthur Koestler waswon by 12-year old Nigel Parker. His story was that of his great-great grandfather's cousin, acabin boy on a sailing boat in the 19th century. The circumstances on the sailing boat led toone of the most famous cases of all time, with a significant legal and cultural impact.

The entry pointed out that a novel published in 1838 predicted decades before what hadhappened on the sailing boat, where four men are cast adrift on their capsized ship anddraw lots to decide which of them should be sacrificed as food for the other three.

a) What was the name of the loser who had proposed the idea? In what context did theworld come to know this name in 2001 (and again in 2012)?

b) What 1838 book was this, the only complete novel written by this American writer whichreceived unfavourable reviews immediately after its release but is now regarded as one ofthe most influential novels ever written?


a) Richard Parker, Life of Pi

b) The Narrative of Arthur Gordon Pym of Nantucket by Edgar Allen Poe

10.

The Union Hotel is a historic landmark located on Main Street in Flemington, NewJersey. First constructed by Neal Hart in 1814, it served as a gathering place for well-to-do stagecoach passengers and socialites throughout the 19th Century, as well as manylocal characters and tourists visiting the area.

The hotel became internationally famous for a short while in the 20th century and its52 rooms became the base of operations for scores of world-renowned journalists. Italso became temporary quarters for a small group of people who dined while beingseparated from the crowds and reporters by a screen. The building became acommunication hub for the world media, with hundreds of telephone and teletypewires temporarily set up to carry dispatches back to the reporters' home offices.

Why did the hotel become famous?

Who were the group of people, who had to dine in privacy?


Lindbergh Baby Kidnapping Trials

Jury Members

Theme: Laws named after People

Written

5 questions

+10 for each question, part points applicable.

1.

The Sonny Bono Copyright Term Extension Act of 1998 was the latest in a long lineof US legislation aimed at increasing the length of copyright in the US.Immediately after its passage, industry commentators pointed out a strikingcoincidence: the 1998 Act was the third time US copyright duration had beenenhanced just in time for a particular cultural artefact to remain protected. Thisquickly sparked a wave of speculation that the 1998 Act was a product ofcorporate lobbying by the copyright owner, and the Act was nicknamed the ___________ Act.

One law professor even graphed the term of copyright against the duration ofprotection ______ _____ would receive, projecting that the next big copyright termextension would be legislated just before 2023.

FITB.

2.

The _____ _______, Sean Smith, Tyrone Woods, and Glen Doherty EmbassySecurity, Threat Mitigation, and Personnel Protection Bill was a proposedlegislation introduced in the US Senate in July 2013, as a direct result ofevents in the recent past. The Bill provided for enhanced funding forsecurity in US outposts around the world, and also sought to expandcoverage of the US Marines security guard detachment to foreign affairsposts.

The Bill was referred to a Senate Committee, but did not survive andnever got enacted.

FITB, or tell me who the four people the Bill was named for are.

3.

In 2009, California Governor Arnold Schwarzenegger signed the Donda ____ Actinto law, requiring anyone undergoing cosmetic surgery in the state to receive amandatory medical examination first. The immediate impetus for the law was the2007 death of Donda, 58, from complications arising out of a botched liposuction.Doctors stated that a pre-surgery examination would have revealed her history ofcoronary disease, thus preventing her death.

While the law may be obscure to us, we know Donda best through the words ofher son, who paid tribute to her through his work such as “Hey Mama” and “OnlyOne”. He also reportedly blamed himself for her death, telling Q Magazine “If I’dnever moved to LA, she’d still be alive”.

Who is Donda’s famous son?

4.

The Brady Handgun Violence Prevention Act is named after James Brady, abureaucrat who was left paralysed by a gunshot to the head in a well-documented 1981 incident. The perpetrator had a known history of obsessive anddepressive disorders, and a cursory background check would have shown that hewas unsuitable to purchase a gun. However, there was no background checkrequired, and he was sold a revolver that he used, albeit unsuccessfully.

Brady was the most severely wounded among the victims of this incident, andlobbied aggressively for gun control after recovering. His eventual death in 2014was ruled to be a homicide.

ID the perpetrator, who was found not guilty, and incidentally released from apsychiatric institution on 10 September 2016.

5.

Under Section 2855 of the California Labor Code, a “contract to render personalservice,” like the kind actors and actresses typically ink before a movie, may not beenforced beyond seven (calendar) years from its start date. Essentially, it makes itillegal to contract someone for more than seven years of work. The law iscommonly referred to as the “De Havilland Law” after actress Olivia De Havillandwho successfully sued Warner Brothers, which sought enforcement of her seven-year contract to include the length of various suspensions she accumulated overthe contract term.

The cast of which 2014 film could not sign contracts due to the De Havilland Law?

Exchange Sheets.

1.

The Sonny Bono Copyright Term Extension Act of 1998 was the latest in a long lineof US legislation aimed at increasing the length of copyright in the US.Immediately after its passage, industry commentators pointed out a strikingcoincidence: the 1998 Act was the third time US copyright duration had beenenhanced just in time for a particular cultural artefact to remain protected. Thisquickly sparked a wave of speculation that the 1998 Act was a product ofcorporate lobbying by the copyright owner, and the Act was nicknamed the ___________ Act.

One law professor even graphed the term of copyright against the duration ofprotection ______ _____ would receive, projecting that the next big copyright termextension would be legislated just before 2023.

FITB.

2.

The _____ _______, Sean Smith, Tyrone Woods, and Glen Doherty EmbassySecurity, Threat Mitigation, and Personnel Protection Bill was a proposedlegislation introduced in the US Senate in July 2013, as a direct result ofevents in the recent past. The Bill provided for enhanced funding forsecurity in US outposts around the world, and also sought to expandcoverage of the US Marines security guard detachment to foreign affairsposts.

The Bill was referred to a Senate Committee, but did not survive andnever got enacted.

FITB, or tell me who the four people the Bill was named for are.

3.

In 2009, California Governor Arnold Schwarzenegger signed the Donda ____ Actinto law, requiring anyone undergoing cosmetic surgery in the state to receive amandatory medical examination first. The immediate impetus for the law was the2007 death of Donda, 58, from complications arising out of a botched liposuction.Doctors stated that a pre-surgery examination would have revealed her history ofcoronary disease, thus preventing her death.

While the law may be obscure to us, we know Donda best through the words ofher son, who paid tribute to her through his work such as “Hey Mama” and “OnlyOne”. He also reportedly blamed himself for her death, telling Q Magazine “If I’dnever moved to LA, she’d still be alive”.

Who is Donda’s famous son?

4.

The Brady Handgun Violence Prevention Act is named after James Brady, abureaucrat who was left paralysed by a gunshot to the head in a well-documented 1981 incident. The perpetrator had a known history of obsessive anddepressive disorders, and a cursory background check would have shown that hewas unsuitable to purchase a gun. However, there was no background checkrequired, and he was sold a revolver that he used, albeit unsuccessfully.

Brady was the most severely wounded among the victims of this incident, andlobbied aggressively for gun control after recovering. His eventual death in 2014was ruled to be a homicide.

ID the perpetrator, who was found not guilty, and incidentally released from apsychiatric institution on 10 September 2016.

5.

Under Section 2855 of the California Labor Code, a “contract to render personalservice,” like the kind actors and actresses typically ink before a movie, may not beenforced beyond seven (calendar) years from its start date. Essentially, it makes itillegal to contract someone for more than seven years of work. The law iscommonly referred to as the “De Havilland Law” after actress Olivia De Havillandwho successfully sued Warner Brothers, which sought enforcement of her seven-year contract to include the length of various suspensions she accumulated overthe contract term.

The cast of which 2014 film could not sign contracts due to the De Havilland Law?

Dries: Clockwise

10 questions


+10/-5

11.

WIPO needs to be persuaded of three things before it hands over a domain.One, that the domain infringes a trademark; two, that the current owner hasno legitimate interest in the domain; and three, that the current owner did notregister it in bad faith.

In 2001, Anand Ramnath ____ won a case at the WIPO which allowed him touse the domain name _______.com. The case was unusual in that, despite thecompany's lawyers insisting the artist had no legitimate right to the domain, aWIPO judge disagreed since the artist's name is Anand Ramnath ____ -shortened simply to ______, and that since this had been his name since birth,he did have a legitimate interest in the name and had not registered in badfaith.

What was his last name/Which company sued him?


AR Mani, Armani

12.

Tony Bland, an 18 year old Briton, suffered severe brain damage that lefthim in a persistent vegetative state as a consequence of which thehospital, with the support of his parents, applied for a court orderallowing him to 'die with dignity'. As a result, he became the first patientin English legal history to be allowed to die by the courts through thewithdrawal of life-prolonging treatment including food and water.However, the circumstances surrounding the events leading to his deathwere equally noteworthy, as he was the __th victim of 'X', the numberbeing extremely significant in protest marches concerning 'X'.

Give me X, and the number in the blank/funda.


Hillsborough Disaster, 96th

victim

Hence, Justice for the 96.

13.

In Switzerland, stricter regulations were proposed in 2006 to limit possibilities of this for foreigners. The lawprimarily targeted Dignitas, one of two groups that helped foreigners with this. However, the Swissgovernment rejected these regulations in 2006, maintaining the status quo.

Although the market is largely German, approximately 300 British citizens had travelled to Switzerland fromthe UK for this. The names of a few of these people are known, though most remain anonymous. ByNovember 2008 the number of British members had risen to 725, a number exceeded only by Swiss andGerman membership. Right-wing politicians in Switzerland have repeatedly criticized this.

In a referendum in 2011, voters in the Canton of Zurich have overwhelmingly rejected calls to ban this or tooutlaw the practice for non-residents. Out of more than 278,000 ballots cast, the initiative to ban it wasrejected by 85 per cent of voters and the initiative to outlaw it for foreigners was turned down by 78 percent.

What market was this, which has doubled in Switzerland over the past few years?


Suicide Tourism

14.

X’s style of rolling certain letters and adding inflection was so unique thathe had a federally registered trademark for it by 1992. The move turnedout to be immensely profitable, as it was used for songs, video games,and lottery commercials. As of 2009, X has generated $400 million inrevenue from licensing the trademark.

In addition, he has used variations of it in advertisements including acommercial for the multi-jurisdictional lottery Mega Millions as well as aKraft Cheese commercial.

Who is X, and what was the variation used for the Kraft Cheesecommercial?


Michael Buffer, Let’s Get Ready to Crumble!

15.

A revelation in Sharad Pawar’s autobiography On My Terms has escapednotice. Pawar recounts how, when he took over as Maharashtra chiefminister for the fourth time in 1993, the Mumbai bomb blasts took place.Pawar was anxious to avoid rumour-mongering and help restore calm.

He therefore announced that 13 explosions had taken place, when, in fact,there were only 12.

Why did Pawar misrepresent the facts?


He slipped in the name of a Muslim-dominated area though nothing had happened there. Pawar’s white lie has become part of history and even

today, Google and other reference sources list 13 explosions in the Mumbai bomb blasts.

REVERSE

16.

The legislation was introduced by David Orazietti, a Member of theProvincial Parliament from Sault Ste. Marie, as a private member’s bill andcame into force in 2009. Before the Act was passed, such a trend had theability to create problems as there existed the possibility of it becomingadmissible evidence in court.

Lawmakers therefore decided to clear it up, stipulating that its use wasnot to be seen as an admission of fault or liability in connection with thematter to which the words or actions relate.

What does this legislation aim to do, feeding into a beloved stereotypeabout the country Orazietti hails from?


Canada now has an Apology Act so that those apologizing repeatedly are not be seen as

liable.

17.

This is an extract from the opinion of the European Court of Justice in Case No. 415/1993, whose highlight was an expansive interpretation of Article 48 of the European Communities Treaty, thus facilitating the free movement of labour across the European Union. How do we better know this judgement?


Bosman Ruling

18.

After the disastrous Bay of Pigs invasion attempt, X frequently travelled to hostileterritory for negotiations that continued throughout the Cuban missile crisis. Accordingto a Senate report, the C.I.A. also tried to use him as an unwitting assassin bypoisoning a diving suit he was planning to give Fidel Castro as a gift.

On one of about a dozen trips to Cuba, he brought his 18-year-old son, John, hopingto earn points with Castro, then in his mid-30s, who also had a teenage son. Castrotook the two on a road trip that included a visit to a crocodile farm, fishing in the Bay ofPigs, and plenty of time for Mr. Castro to boast about the revolution’s accomplishments.

By the end of the negotiations, X had won the release of more than 1,100 prisoners inexchange for $53 million in food and medicine from the United States.

Who was X, and what other skilled negotiations was he best known for?


James B. Donovan, Bridge of Spies (negotiated for the release of Gary Powers)

19.

Vicks was introduced in India in 1964 through Richardson Hindustan Limited (RHL). As acountry of hot monsoons and dry winters, India was primed for the product. However, Vickswas operating in a climate of strict regulation, with restrictions on expanding operations andprice controls that hindered profit margins.

The drug industry was soon regulated by the Drug Price Control Order (DPCO). It went onto become a case of how overregulation could have bizarre consequences. The DPCO madeprior approval of prices by the government mandatory for the manufacture of drugs. ForVicks, which fell under the DPCO and was expanding rapidly, this was a time of reckoning.The DPCO applied to “pharmaceutical, chemical, biological or plant products”, leaving littlescope for exception. However, in an effort to encourage indigenous and small and medium-scale industries, it excluded three notable types of drugs. Vicks did something after thiswhich resulted in the integration of a Western brand into the very fabric of Indian life.

How did Vicks rebrand itself and become exempt from licences, excise duty and priceregulation?


It was rebranded as an Ayurvedic product. The exemptions were given to Ayurvedic, Unani and Homeopathic medicines.

20.

Only one judge of the Supreme Court has ever made a movieappearance. ID the judge, and the 2005 movie from which this clip hasbeen extracted.


Theme: Trademarked Colours

Written

5 questions

+5 for each question.

1. Pullman Brown, originally used on trains. Currently used on trucks, planes and other branding material.

2. In 2016, the holder of this trademark marketed itsThanksgiving offering as Magenta Friday, instead of BlackFriday.

3. This shade of canary yellow was trademarked since thecompany’s most famous offering has historically featured it.

4. Symbolising opulence, this shade of bluewas most famously featured in a 1961 film.

5. Trademarked by Kraft abroad, this was among the firstcolours to receive protection from the Indian Registry.

Exchange Sheets.

1. Pullman Brown, originally used on trains. Currently used on trucks, planes and other branding material.

2. In 2016, the holder of this trademark marketed itsThanksgiving offering as Magenta Friday, instead of BlackFriday.

3. This shade of canary yellow was trademarked since thecompany’s most famous offering has historically featured it.

4. Symbolising opulence, this shade of bluewas most famously featured in a 1961 film.

5. Trademarked by Kraft abroad, this was among the firstcolours to receive protection from the Indian Registry.

Dries: Anti-clockwise

10 questions

+10/-5 for each question


21.

Article 23 of the Agreement on Trade Related Intellectual Property Rightsprovides for special measures for the accurate labelling of wines andspirits. This allows French winemakers, for instance, to prevent sparklingwine made from grapes outside the Champagne region from beingmarketed as champagne.

The Czech Republic has, for decades, been pushing for a similarprotection for beers and other beverages, mostly because of the havocwreaked upon an authentic domestic brewer by a brand an identity crisis:it markets itself as uncompromisingly American, but takes its name from asleepy Czech town.

Which brand?


22.

In an uncharacteristic moment of bureaucraticsymbolism, the final text of this treaty was signed onboard the Princess Marie-Astrid, a boat moored onthe Moselle river while an aide held up an artefactthat the treaty aimed to eradicate.

What treaty?

22.


23.

Pheasant Island is international law’s oldest surviving example of a certainphenomenon. Situated on the France-Spain border, sovereignty over theisland is shared between the two countries, since it has played a crucialrole in the history of both.

A 2012 NYT article on the island further notes that it is unique because ofthe precise manner in which sovereignty is shared: a 1659 treaty betweenthe countries ensures that Pheasant Island is French territory for sixmonths of the year, and Spanish for the other six. The name of this kind ofshared sovereignty is identical to another form of shared ownership inproperty law, by which home-owners contract to buy portions of aproperty and enjoy other portions as common areas.

23. (contd.)

NYT even goes on to note:

“[Pheasant Island] is like the ball in an extremely slow game of ping-pongbetween France and Spain. Or maybe a geographically more accurate metaphor is that of the timeshared apartment – an arrangement that would become popular on the Spanish costas from the 1960s onwards.”

What are these jointly administered territories called, bringing to mind a form of apartment ownership?


Condominium

24.

Khan Bahadur Qurban Ali Khan was a Punjab cadre police officer who wasin charge of the department investigating wartime profiteering and blackmarketing during World War II. It was largely based on hisrecommendations that a special legislation was passed by the CentralAssembly, which was the forerunner to the formation of X in 1963.

A few years ago, the MEA (Ministry of External Affairs) received a requestfrom X who wanted to honour him as its founder during the goldenjubilee celebrations. However, some former bureaucrats voicedreservations owing to his pivotal role in setting up Y after Independenceand these plans were shelved.

What two entities was he the founder of?


Central Bureau of Investigation

Inter-Services Intelligence

25.

In the first half of the 20th century, a select category of people began tobuild their own high-performance cars by enhancing engines, powertrains, and suspension systems. Inner mechanics of these cars weremodified to have supercharged engines and heavy duty shocks so thatthe weighty loads would not sag. It was also important that the carsnegotiated curves at high speeds.

The 1940 Ford Coupe was most commonly used as it had a Flathead V8engine and had a large trunk space.

Why were these modifications being made?

What family-owned and operated business venture resulted due to this in1948?


Moonshine cars, to help carry illicit liquor during Prohibition, and escape from authorities.

NASCAR

26.

The criminal charges against X were supported by a consortium of intellectual rights holdersled by the International Federation of the Phonographic Industry (IFPI), who filed individualcivil compensation claims against the owners of X. On day three of the trial, defenseattorney Per Samuelson presented an argument later dubbed the "____________ defense": “AnEU directive says that the person who provides an information service is not responsible forthe information that is being transferred. In order to be responsible, the service providermust initiate the transfer. But X doesn’t initiate transfers. It’s the users that do and they arephysically identifiable people. They call themselves names like Y... According to legalprocedure, the accusations must be against an individual and there must be a close tiebetween the perpetrators of a crime and those who are assisting. This tie has not beenshown. The prosecutor must show that Carl Lundström personally has interacted with theuser Y, who may very well be found in the jungles of Cambodia.!”

The term “Y defense" was quickly popularized by blogs, file sharing news feeds, and mediareports on the X trial. X and Y?

The Pirate Bay, King Kong

27.

Time Inc. v. Bernard Geis was a 1968 NY District Court decision that laid down the doctrine of “merger” in US copyright law. Copyright protects expressions, not ideas, and if there exists only one way of satisfactorily expressing an idea, then the level of copyright protection afforded to this expression was drastically reduced. This was all the more so where the “idea” was a factual situation, since no individual could claim a monopoly over facts. The works at hand consisted of a series of pictures, and the court noted:

27. (contd.)

“There is a public interest in having the fullest information available on the murder of ________ _________. Thompson [the defendant] did serious work on the subject and has a theory entitled to public consideration. While doubtless the theory could be explained with sketches of the type used at page 87 of the Book and in The Saturday Evening Post, the explanation actually made in the Book with copies is easier to understand. The Book is not bought because it contained the _________ Pictures; the Book is bought because of the theory of Thompson and its explanation, supported by pictures from the footage.”

What was the footage in question?

The Zapruder Footage, of JFK’s assassination

28.

In 2007, X filed a case for trademark, trade dress and copyrightinfringement over a line of parody products brought out by Nevada-based pet product company Haute Diggity Dog. The defendant alsoreportedly had lines of products that played on the names of otherinternational fashion brands. A Federal Court subsequently ruled that theproducts consisted of a successful parody, meaning they had notinfringed on X’s copyrights or trademarks. The court considered that theproducts were distinctly differentiated from X products, and sought toconvey a message of entertainment and amusement.

What was X, and what was the line of parody products called?

29.

The out-of-court settlement ended the closely watched, 2-year-old lawsuitwithout resolving the underlying legal issue: whether X had a fair use right undercopyright law to make this based on an Associated Press photo. The wire servicedid not surrender its position that X infringed the AP’s works with a “form ofcomputerized paint by the numbers.” And X maintained he transformed the AP’simage enough to constitute a fair use of the work under copyright law. The APclaimed X generated $400,000 in sales of the image, which had adorned websites,posters, stickers, shirts and buttons at the time. According to the settlement’sterms, the two sides agreed “to work together going forward with it and share therights to make the posters and merchandise bearing it and to collaborate on aseries of images that X create based on AP photographs.”

What did X do with the AP photograph, almost a decade ago?

He created the Obama HOPE poster

30.

The Gallon Henao brothers were close allies of Carlos Costano Gil, whowas known for wanting to take down X. They were infamous for doingsomething that led to shockwaves in their country and in the internationalcommunity. While they were looking to get away with what they haddone, a pair of witnesses recorded the license plate number of the escapevehicle, which turned out to be a key piece of evidence. However, theBrothers avoided jail time by allegedly paying $3 million to Castaño, aman who could get anyone out of legal trouble for the right price. TheProsecutor's Office was then paid off and the case was redirected towardsY’s bodyguard, who was assigned 43 years of jail time but was releasedafter only 11 for good behaviour.

Who are the X and Y?

X – Andres Escobar; Y – Pablo Escobar.

Thank you

Date post:	22-Jan-2018
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Attorney General Quiz 2016 Finals

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