Double-Dipping via Design? Why the Crocs Judgment on Trade Dress and Design Rights Wrongly Mixes it Up
A division bench of the Delhi High Court recently passed a judgment addressing whether a remedy against a passing off allegation be sought for a design registered under the Designs Act. The judgement was passed in an appeal arising out of two orders of a single judge passed in Dart Industries v. Vijay Kumar Bansal and Crocs v. Bata (which was passed after clubbing together 5 suits), and relies extensively on a DHC 5 judge bench decision in Carlesber v. […]









