Composite suit for design infringement and passing off: the final word from the Delhi High Court

This note traces how the Delhi High Court has addressed (i) whether a plaintiff can simultaneously pursue design infringement under the Designs Act, 2000 and passing off under common law, and (ii) whether those causes of action can be joined in a single composite suit. It summarises the Full Bench decisions in Mohan Lal v Sona Paints (2013) and Carlsberg v Som Distilleries (2019), and the Division Bench (two-judge bench)’s 2025 decision in Crocs Inc. USA v Aqualite, which clarifies the scope of passing off in relation to registered designs.