Passing off in Designs and Infringement by Registered Design Holder

A Larger Bench of Delhi High Court has, on 15th May, 2013, held by majority that a holder of a registered design can institute an action for passing off and that he can institute a suit against a person who is also in possession of a registered design. The dissenting opinion records that the rights and remedies under Designs Act, 2000 (the Designs Act) are statutory in nature and common law remedy cannot be sought. Parties to the suit were registered proprietors of designs. Questions arose as to whether there can be suit for infringement by another registered holder on another, passing off and whether both remedies can be pursued simultaneously.