A ‘service’ involving ‘art’ necessarily involves ‘freedom and discretion in presentation’. Before release of ‘Fan‘ in 2016, Yash Raj Films Private Limited circulated a ‘promotional trailer’, both on television and online, which contained a song in form of a video. Afreen Fatima Zaidi states, ‘Fan‘ did not contain the song, even though the song was widely circulated for promoting and publicising ‘Fan‘.

A song in a ‘promotional trailer’ may be seen in context of multifarious uses of advertisements. It can allure, entice, capture attention and pique interest of ‘consumers’. But, a ‘promotional trailer’, by itself, is not an ‘offer’ and neither intends to nor can create a contractual relationship. While we hold, no contract is formed on basis of a ‘promotional trailer’ and as such there is no ‘deficiency of service’, there is a further question on whether it is an ‘unfair trade practice’ giving rising to a ’cause of action’. But, nothing has been brought on record to show same.

– Hon’ble Justice Pamidighantam Sri Narasimha, Yash Raj Films Private Limited v. Afreen Fatima Zaidi, [Civil Appeal No. 4422 of 2024].