PureGlow Cosmetics Pvt. Ltd. (“PureGlow”) is an Indian manufacturer and registered proprietor of the trademark PUREGLOW® for cosmetics and skincare products. Radiant Retail LLP (“Radiant”) is a Mumbai-based retail distributor selling brande

Assignment Details

PureGlow Cosmetics Pvt. Ltd. (“PureGlow”) is an Indian manufacturer and registered proprietor of the trademark PUREGLOW® for cosmetics and skincare products. Radiant Retail LLP (“Radiant”) is a Mumbai-based retail distributor selling branded personal care products online and in physical stores. On 15 June 2022, the parties entered into a Trademark Licensing and Supply Agreement under which PureGlow would supply PUREGLOW® products at a fixed wholesale rate for three years. The agreement prohibited Radiant from selling, altering, or repackaging the goods under any mark other than PUREGLOW® and allowed either party to terminate the contract for material breach upon 30 days’ written notice.

In March 2024, PureGlow discovered that Radiant was selling PUREGLOW® products not supplied directly by PureGlow but allegedly imported through parallel channels. PureGlow sent a cease-and-desist notice, alleging trademark infringement and breach of exclusivity obligations. Radiant claimed the products were genuine PUREGLOW® items purchased from an authorized distributor abroad, and their resale in India was protected under trademark exhaustion (Section 30(3) of the Trade Marks Act, 1999).

Citing breach of licensing terms, PureGlow terminated the agreement on 10 May 2024 and withheld further supplies. Radiant alleged wrongful termination and invoked the arbitration clause, filing a Notice of Arbitration on 15 June 2024, claiming damages of INR 3 crores. PureGlow filed a Statement of Defence and a counterclaim seeking injunction and damages for unauthorized use of the PUREGLOW® mark.

The dispute raises questions on whether Radiant’s resale of genuine PUREGLOW® products constitutes trademark infringement or falls within trademark exhaustion, the validity of PureGlow’s termination, and whether exclusivity obligations were breached. Additional issues include the arbitrability of IP disputes, the tribunal’s jurisdiction to grant injunctive relief, and the maintainability of damages for reputational harm and unauthorized trademark use.

Structure for Statement of Claimant

1. Title
2. Introduction
   • Brief description of Claimant and Respondent
   • Nature of business and relationship
   • Reference to the agreement (date, purpose)
3. Statement of Jurisdiction
   • Arbitration clause reference
   • Applicable law (Arbitration and Conciliation Act, 1996)
   • Basis for tribunal jurisdiction
4. Factual Matrix
   • Chronology of events
   • Key facts leading to the dispute
   • Specific breaches or acts of Respondent
5. Claims
6. Submissions
   • Organize by issue:
     • Trademark infringement
     • Breach of exclusivity or contract clauses
     • Validity of termination
   • Include relevant case laws
7. Evidence
   • List of annexures supporting claims
   • Types of evidence: agreements, invoices, correspondence, trademark certificates, notices
8. Prayer

Structure for Statement of Defence

1. Title
2. Introduction
   • Identification of Claimant and Defendant
   • Brief description of relationship and agreement
3. Statement of Jurisdiction
   • Reference to arbitration clause
   • Basis for tribunal’s jurisdiction to hear the dispute
4. Factual Matrix
   • Facts from the Defendant’s perspective
   • Chronology of events as viewed by Defendant
   • Emphasis on actions taken in good faith
5. Defence Arguments
   • Organize by legal issue:
     • Trademark exhaustion
     • No breach of exclusivity clauses
     • Wrongful termination of agreement
   • Include supporting case laws
6. Evidence
   • List of evidence supporting the defense
   • Types: purchase invoices, distributor agreements, correspondence, affidavits, expert reports
7. Prayer
   • Relief sought by Defendant

Assessment Summary

The given assessment required students to demonstrate their understanding of arbitration law, intellectual property disputes, and commercial contract interpretation by preparing a comprehensive Statement of Claimant and Statement of Defence for a trademark licensing dispute between PureGlow Cosmetics Pvt. Ltd. and Radiant Retail LLP.

Students were expected to address:

• The factual matrix of the case, including key events and contractual relationships.
• The jurisdictional basis for arbitration under the Arbitration and Conciliation Act, 1996.
• The legal issues surrounding trademark infringement, exhaustion of rights under Section 30(3) of the Trade Marks Act, 1999, breach of exclusivity obligations, and validity of contract termination.
• The structure and content of both the Statement of Claimant and Statement of Defence, including submission of evidence, legal reasoning, and prayers for relief.
• The presentation of arguments referencing case laws and statutory provisions in a clear, logical, and persuasive manner.

This assessment aimed to evaluate the learner’s ability to apply legal concepts to practical arbitration scenarios while maintaining formal legal drafting standards.

Mentor’s Step-by-Step Guidance Process

The academic mentor guided the student through a structured, analytical approach to completing the assessment, ensuring a clear understanding of each required section:

Step 1: Understanding the Case Scenario

The mentor began by breaking down the factual scenario, identifying key parties, contractual relationships, and the nature of the dispute. The mentor encouraged the student to outline the timeline of events, including execution of the agreement, alleged breach, termination, and initiation of arbitration, to establish the foundation for both statements.

Step 2: Clarifying Legal Framework and Jurisdiction

Next, the mentor explained the relevance of the arbitration clause and how to reference jurisdiction under the Arbitration and Conciliation Act, 1996. The mentor emphasized explaining why the arbitral tribunal has authority to hear IP-related contractual disputes and how issues such as injunctive relief and damages are handled in arbitration.

Step 3: Structuring the Statement of Claimant

The mentor guided the student to draft the Claimant’s statement logically:

• Begin with an introduction and party details.
• Establish the jurisdiction of the tribunal.
• Present the factual matrix chronologically, highlighting Radiant’s alleged breaches.
• Draft claims and submissions, including issues of trademark infringement, contractual breach, and wrongful resale.
• Support each argument with relevant case laws, statutory references, and annexures.
• Conclude with a clear prayer for relief seeking damages, injunctions, and declaratory orders.

Step 4: Developing the Statement of Defence

For the Defence, the mentor guided the student to:

• Reframe the facts from Radiant’s perspective.
• Assert good faith actions, lawful conduct, and reliance on trademark exhaustion principles.
• Contest PureGlow’s termination as unlawful and arbitrary.
• Include counterarguments supported by precedent and documentation such as invoices and correspondence.
• End with a prayer for relief, including dismissal of claims and compensation for wrongful termination.

Step 5: Refining Legal Arguments and Evidence

The mentor reviewed the student’s drafts to ensure coherence, accuracy, and balance between legal reasoning and factual presentation. Attention was given to language precision, citation formatting, and logical flow of submissions. The mentor emphasized linking each argument directly to supporting evidence, making the documents professionally aligned with real-world arbitration filings.

Step 6: Final Review and Outcome

In the final phase, the mentor assisted the student in editing for clarity, conciseness, and compliance with professional standards of arbitration documentation. The completed submission reflected both procedural and substantive understanding, showcasing legal drafting competency.

Outcome and Learning Objectives Achieved

Through this structured mentoring process, the student successfully produced a comprehensive and well-reasoned set of arbitration statements that demonstrated:

• The ability to interpret and apply contract and IP laws in dispute contexts.
• Understanding of jurisdictional principles in arbitration.
• Competence in legal drafting, including factual narration, issue framing, and evidence referencing.
• The skill to critically analyze opposing arguments and respond with persuasive reasoning.
• Development of professional writing and analytical skills aligned with real-world arbitration practice.

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