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(a) Suit is not maintainable in its present form as the Plaintiff has raised self-

destructive pleas and claims. Plaintiff has alleged violation of its rights in shape and configuration of the ENTICER Design No.280666 (2016 Design) and in surface pattern of ENTICER ART Design No.328605 (2020 Design), under the Designs Act, 2000. Plaintiff has alleged infringement of the said designs under the Designs Act, violation of rights under the Copyright Act and has additionally asserted trademark rights in the registered designs as well as invoked the common law remedy of passing off. The self-destructive pleas and claims, according to Mr. Lall, renders the Design Registration vulnerable. This is the common thread that runs in the judgment of the Full Bench in Carlsberg Breweries A/S. v. Som Distilleries and Breweries Ltd., 2018 SCC OnLine Del 12912, judgment of the Division Bench in Crocs Inc. USA vs. Bata India and Ors., 2019 SCC OnLine Del 11956 and of the Co-ordinate Bench in Dart Industries Inc. and Ors. Vs. Vijay Kumar Bansal and Ors., 2019 (80) PTC 73 (Del). Further, passing off is claimed with respect to the design and not the trade dress, get up, packaging, etc., i.e. outside the design and therefore in any case the plea is untenable in law.