Plea Of ‘Passing-Off’ Can’t Be Negated Solely On Ground That Plaintiff Had Asserted Trademark Rights In Registered Designs

Case: Havells India Limited V. Panasonic Life Solutions India Pvt Ltd & Anr.

Coram: Justice Jyoti Singh

Case No.: CS(COMM) 261/2022

Court Observation: “A composite suit that joins two causes of action, one for infringement of a registered design and other for passing off the Plaintiff’s goods, is maintainable…Even if the Plaintiff asserts a claim of trademark in a registered design, which makes a design vulnerable, it is open to the Plaintiff to plead that it has a goodwill and reputation and Defendant No.1, by misrepresentation is passing off its goods as that of the Plaintiff, thereby causing damage and injury and Defendant No.1 by fraudulent imitation of the article to which the registered design is applied is guilty of infringement of the said design.”

“It is settled law that parties can raise alternate and inconsistent pleas but should not be permitted to raise pleas which are mutually destructive of each other. Therefore, even if the Plaintiff asserts a claim of trademark in a registered design, which makes a design vulnerable, it is open to the Plaintiff to plead that it has a goodwill and reputation and Defendant No.1, by misrepresentation is passing off its goods as that of the Plaintiff, thereby causing damage and injury and Defendant No.1 by fraudulent imitation of the article to which the registered design is applied is guilty of infringement of the said design.”

“Estoppel prevents Defendant No.1 from taking such contradictory stands. And the principle is clearly based on the maxim quod approbo non reprobo that no party to a litigation can be allowed to approve and reject or blow hot and cold at the same time.”

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Keywords

Passing-Off, Asserted Trademark