Question
Kapil has created his own website for his new restaurant 'Flaming Curry'. When he designed it he had trouble thinking of interesting and informative content
Kapil has created his own website for his new restaurant 'Flaming Curry'. When he designed it he had trouble thinking of interesting and informative content and layout, so he had a look at what other restaurant websites looked like and without thinking carefully about what he was doing he simply plagiarised other's ideas applying them to his own website. But he has now been contacted by a lawyer representing Sachin who is the owner of 'Little Master' restaurant. It is claimed that Kapil copied the 'Little Master' website's colour scheme, font and menu design. In fact they are basically identical. He also claims that he has copied Sachin's slogan: 'Every bite takes you on a journey to India'. Kapil insists that he did not deliberately copy the 'Little Master' website, although it was one of the websites he looked at when planning his own.
Has Kapil infringed any intellectual property laws? What rights does Sachin have in this matter? Your answer must refer to the relevant cases and applicable legislation. ( IRACC model )
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