IP Case Law › Designs › Carlsberg Breweries A/S v. Som Distilleries and Breweries Lt…
Relevant Acts and provisions
Code of Civil Procedure, 1908
Designs Act, 2000
Trade Marks Act, 1999
Provisions considered: Order II Rule 3 of the Code of Civil Procedure, 1908, read with Section 22 of the Designs Act, 2000.
Brief facts
Carlsberg sued Som Distilleries in a single suit alleging both infringement of its registered design for a beer bottle and passing off of its trade dress, seeking a common injunction. Som Distilleries objected to the suit's maintainability, relying on the Full Bench decision in Mohan Lal v.
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Cases cited
- Mohan Lal, Proprietor of Mourya Industries v. Sona Paint & Hardwares, AIR 2013 Delhi 143
Authorities referred to in the decision. Please verify each citation in the judgment itself.
Keywords
Composite Suit Copyright Design Overlap Design Infringement Passing Off Trade Dress
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