FL-0051Fault Lines · IP · Wanted
Design and Passing Off in One Suit
Scope
Whether claims for design infringement and passing off can be joined; one full bench said no, a larger one said yes.
Authorities to start from
- Mohan Lal v. Sona Paint & Hardwares, 2013 SCC OnLine Del 1980
- Carlsberg Breweries A/S v. Som Distilleries & Breweries Ltd., 2018 SCC OnLine Del 12912
These are places to start. Please check each one against the original before relying on it. Follow one to see which other entries start from it.
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This is a question with more than one answer. Two students can each argue one, and the two pieces are published together. When you claim it, say which answer you will argue.
Download the writer’s kit A Word file set up for this entry: the outline a Fault Line follows, these authorities, and the length.