Delhi High Court Grants Relief To Mankind Pharma, Restrains Use Of 'Mankind Agri Seeds' Mark

Granting relief to pharmaceutical company "Mankind Pharma", the Delhi High Court has recently restrained a Gujarat based agricultural goods manufacturer entity from using "Mankind Agri Seeds'" mark while advertising or selling its products. 

Justice Amit Bansal passed the interim order in favour of Mankind Pharma in its trademark infringement suit against Mankind Agri Seeds, observing that a prima facie case of infringement and passing off was made out against the latter. 

The Court also appointed Advocate Uday Bharat Bali as the Local Commissioner to visit the premises of Mankind Agri Seeds situated in Gujarat to conduct search and seizure of the infringing products. 

Mankind Pharma alleged that the defendant entity was using "Mankind" trademark to ride upon the goodwill and reputation of the pharmaceutical company. 

In the interim order, the Court observed that the usage of the trade name 'MANKIND' by the defendant entity was likely to create confusion in the market.

"Balance of convenience is in favour of the plaintiff and against the defendants. Irreparable injury would be caused to the plaintiff if the defendant continues to use the impugned trade name," the Court said. 

It further directed the Local Commissioner to file its Reports within two weeks of executing the commission, along with photographs taken and photocopies of the books of account and stock and the inventory procured. 

Counsel for Plaintiff: Mr Amil Sibal, Senior Advocate with Mr Hemant Daswani, Ms Saumya Bajpai, Ms Pranjal, Mr Rishabh Sharma, Mr Ankur Vyas and Mr Kunal Prakash, Advocates

Title: MANKIND PHARMA v. MANKIND AGRI SEEDS

Citation: 2024 LiveLaw (Del) 1288

Click here to read order