Delhi High Court Allows Composite Suit For Design Infringement And Passing Off

1. INTRODUCTION

Earlier this month, a five-judge bench of the Delhi High Court (the "Court")¹ held that two causes of action, one for relief with respect to passing off, and another with respect to design infringement under the Designs Act, 2000, can be joined and tried in a composite suit.²

2. BACKGROUND

The present suit, out of which this reference arose, was filed by the plaintiff, Carlsberg Breweries, alleging infringement of a registered design and passing off of the plaintiff's trade dress, against Som Distilleries, essentially imitating the Carlsberg product.

The defendant objected to the frame of the suit, pointing out that in Mohan Lal v. Sona Paint³ (the "Mohan Lal Case"), the two claims, for passing off and design infringement could not be combined in one suit.