BREAKING NEWS! Landmark Ruling On Maintainability Of Composite Suits

Remfry & Sagar has been successful in its arguments before a 5 Judge Constitution Bench of the Delhi High Court constituted in the case of Carlsberg v. Som Distilleries. The Bench ruled today that a composite lawsuit for infringement of a registered design, infringement of a trademark and passing off is maintainable. This decision overturns a previous decision issued by a 3 judge Bench of the Delhi High Court in the Micolube case. Remfry & Sagar had contended that the 2013 Micolube judgment was per incuriam, that is, rooted in an incorrect interpretation of the law. Today’s decision was awaited eagerly by the IP community and will have a wide impact.