Reference no: EM133200114

Assignment:

1. Identify and state the legal issues presented in the case study. 

2. State and explain the applicable laws. 

3. Apply the applicable laws to the material facts presented in the case study. 

4. Propose and recommend appropriate conclusions for the legal issues presented in the case study.

Note: Singaporian Law

Case Study 

Rita is the owner of a chain of fish head curry restaurants called The Fiery Fish ("TFF"). From a single outlet in Little India in 2015, it has since expanded with an additional three outlets in Singapore and has won numerous awards as Singapore's finest fish head curry restaurant. TFF is known in the market by its logo and slogan "Feel Flames"

TFF's signature dish is its special flaming hot fish curry, "The Flame" which is marinated and cooked with a special curry paste that is a closely guarded secret of TFF. In 2019, Aman was employed as the Head Chef of TFF. Aman's employment contract contains a clause providing that Aman is not to engage in any business in Singapore in competition with the business of TFF, and for a period of two (2) years following the date when he ceases employment with TFF. In the first two (2) years as Head Chef, Aman managed to improve on TFF's signature dish. In December 2021, TFF engaged Aman's brother, Amin, a professional photographer, to take photographs to be used in TFF's promotional and marketing materials. TFF and Amin negotiated a fee and confirmed other details such as the price quotation and number of photographs to be provided to TFF via email. There was no mention in the email or terms and conditions of the quotation as to copyright ownership of the photographs. As TFF's dishes and Aman were featured heavily in the photographs, Aman became known as TFF's celebrity chef. 

Aman also helped to finalise Rita's original manuscript for "The Art of Flaming Fish" - a cookbook on how to prepare the perfect curry fish dish - by providing substantive editorial changes and the photos for the manual. TFF enjoyed one of its most profitable years in 2021. 

In January 2022, Rita and Aman had a falling out. This resulted in Aman resigning from TFF. On 1 May 2022, Aman opened a new restaurant in Siglap called The Flaming Fish and used a logo similar to TFF, with the only differences being that the fish is horizontal with a crown and uses the slogan "Feel Fire"

The Flaming Fish also serves the same signature dish as TFF. Aman has plans to open three other outlets in the same areas where TFF's outlets are located. Aman has also recently contracted with a local book publisher to publish 10,000 copies of the cookbook that he previously helped Rita to complete, but under the title "Aman's Art of Flaming Fish". 

Rita notices that TFF's business revenue has been dismal since the opening of Aman's restaurant. Rita checks with her existing customers and many of them inform her that they have been going to The Flaming Fish restaurant, as they were under the impression that it is a new TFF outlet. Rita also discovers that Aman has been using the photographs taken by Amin for TFF, which Amin has licensed to Aman for use as promotional materials for The Flaming Fish and Aman's new cookbook. Rita is extremely furious by Aman's betrayal and feels that the years of building the TFF brand is being destroyed.