Recently, the Delhi High Court granted an interim injunction in favor of Mankind Pharma Limited (“Plaintiff”), against Aquakind Labs LLP and Ors. (“Defendants”) in a trade mark dispute. The Plaintiff, a well-established player in the pharmaceutical industry, is the proprietor of MANKIND and KIND-formative marks, and has obtained registrations for the MANKIND mark across classes and has come to be recognized as a well-known mark.
As per the Plaintiff, the Defendants have adopted and, are using the AQUAKIND mark on and in relation to pharmaceutical products, in an attempt to mooch off the goodwill and reputation subsisting in the MANKIND and KIND-formative marks and, forge a nexus between the two entities. The Plaintiff contended that such an infringement is likely to mislead the public about the origin of the impugned goods.
The court observed that the Plaintiff has presented a prima facie case for protecting its MANKIND and KIND-formative marks, and that the Plaintiff may suffer irreparable harm in the absence of an ex-parte injunction. In addition, the court noted the general public associates the KIND-formative marks with the Plaintiff alone, and that the Defendant’s adoption and use of the AQUAKIND mark is likely to cause consumer confusion. Accordingly, the court prohibited the Defendants from using the AQUAKIND mark and/or similar trade marks till the next date of hearing.
Mankind Pharma Limited vs. Aquakind Labs LLP & Ors. CS(COMM) 958/2024
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