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Composite suit of Infringement of design and passing off, permissible


20th December 2018

Five Judges Bench of the Delhi High Court has allowed a composite suit for infringement of registered design and passing-off. It noted that if there is a common question of law and facts, the joinder of causes of action can take place under Order II Rule 3 of the CPC to avoid multiplicity
.
The Court in the case of Carlsberg Breweries v. Som Distilleries & Breweries, overruled the three Judges Bench Order in the case of Mohal Lal which held that two causes of action, one for relief in respect of passing off, and other in respect of design infringement, cannot be joined. The Court in this regard noted that transaction of sale is same and the evidence of two causes of action is common.

The suit was with respect to the bottle and get up of "Carlsberg" mark.

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