An Amicable Resolution For A Celebrity’s Revenge
The Beginning
She did a google for Best lawyer in Delhi for ……………. keyed certain criteria, guess we were not on first page, not sure of the sequence maybe we were first or last but the call landed to us
Assignment Brief:
While we are still dealing with the assignment of this TV celebrity who belong to Delhi, the said celebrity was hired as a brand ambassador to work in total four ad films for the FMCG brand over the period of two years, out of which two ads were finished within first eight months.
However, during the course of the agreement, she consumed product of a rival company in an open event, not only she did this, she also said, reason for her consuming the rival product was the better quality in comparison of the product which she endorses for money.
This was quite a shock for everyone, since she was under an agreement with the brand for two years to promote and do four ad films over these two years, part of the agreement clearly states being brand ambassador she can’t endorse any competition product during the said period, along with this she is not supposed to consume or endorse any rival product in a public event or to make statement which could damage the positioning of the brand reputation or its market share etc.
Precisely, she is not supposed to undersell the brand at all.
But
She did it, and here she received a notice of defamation and breach of contract.
Defamation one was quite a value and we were approached by her manager for the way forward
On a practical but lighter note we asked the manager, any specific reason for this episode, she seem to be in different state of mind, as per the manager she was in her own high, got into some issues with brand after five months of signing the agreement hence she didn’t pay a heed and the brand moved for legal recourse.
Way Forward:
While the brand team was deliberating admission of the case, we got three meetings with our client (TV celebrity) in two days and advised her to let go her ego and settle the case for good, In absence of doing so, she may lose other brand endorsements as well, her attitude may also not be considered in good spirit, so whatever analysis we had of the agreement it was quite detailed and watertight which she didn’t realised while signing
So, she listened to the advice and agreed to settle the dispute, hence we initiated discussion with all stakeholders, while the damages are done for the brand it’s a salvage time now, and we reached an amicable settlement in three weeks’ time, to get defamation and other charges dropped.
As part of settlement, she has to do couple of additional brand promotion events for which she will be paid separate
Amicable way
Yes, legal stories can end amicable way also, it’s not necessary if one reaches legal forum counsel can only show you an aggressive way or revenge attitude to deal with situations, it is sometimes in the interest of everyone to settle things over a discussion, sipping coffee as well
While client did a search for Top Business Law Firm in Delhi with “I will show you” mindset, and we could have easily blown it out of proportion and dragged the case before various forums wasting time and money of authority and client
But going amicable way, it was win win situation for everyone, we have won client trust, the brand has appreciated the understanding of counsels both side and dropped the litigation by withdrawing the said notice.
The said celebrity is back to her work
Alternative Dispute Resolution (ADR) mechanisms are like support system, especially for the business world and India is taking initiatives to become place of preference for the international arbitrations.
Within Indian legal system, a great value is given to the Alternative Dispute Resolution methods, we shall be writing on such methods in our upcoming blogs as well!!!