Delhi High Court Five-Judge Bench Overrules Mohan Lal and Upholds Maintainability of Composite Suits for Design Infringement and Passing Off
Summary A five-judge bench of the Delhi High Court delivered a landmark judgment overruling the earlier three-judge bench decision in Mohan Lal v. Sona Paint & Hardwares, holding that plaintiffs can maintain composite suits combining design infringement and passing off claims against the same defendant. The Court clarified that when both causes of action arise from the same transaction and involve common questions of fact and law, they can be joined under Order II Rule 3 of the CPC to avoid multiplicity of proceedings and promote judicial efficiency. Introduction On December 14, 2018, a five-judge bench of the Delhi High Court delivered a significant judgment in Carlsberg Breweries v. Som Distilleries and Breweries Ltd. , addressing the critical question of whether design infringement and passing off claims can be combined in a single composite suit. This ruling effectively overruled the earlier three-judge full bench decision in Mohan Lal v...