Mankind v. Aquakind: Delhi High Court Issues Ex-Parte Interim Injunction Against Sale Of Pharma Products With 'KIND' Formative Trademarks

Mankind Pharma (plaintiff) is a pharmaceutical company and it has registered the trademark 'MANKIND' for various goods and services. Mankind Pharma also uses several trademarks with the suffix 'KIND' for its pharmaceutical goods.

The trademark 'MANKIND' was declared as a well-known trademark by the Registrar of Trade Marks.

Mankind Pharma sought a permanent injunction against Aquakind Land LLP (defendants) for trademark infringement and passing off. It's case is that Aquakind Land is infringing its trademarks by using 'AQUAKIND' name for its pharmaceutical products, .

Mankind Pharma argues that 'AQUAKIND'/'AQUAKIND LABS LLP' is deceptively similar to its registered trademark 'MANKIND' / 'KIND' formative marks.

Mankind Pharma contends that defendants are trying to ride upon its goodwill and reputation by using the impugned mark. It states that the impugned mark is likely to cause confusion and deception among traders, distributors and buyers.

It claimed that it has sole and exclusive rights over the trademark 'MANKIND' and 'KIND' formative marks. It contended that it has acquired goodwill and reputation over its 'KIND' trademarks and that the public exclusively associates any good and services with 'KIND' mark to it.

Considering the facts and circumstances of the case, a single judge bench of Justice Mini Pushkarna observed that Mankind Pharma made out a prima facie case for the grant of temporary injunction. The Court noted that if no ex parte ad interim injunction is granted, Mankind would suffer irreparable loss.

The Court thus restrained the defendants, its proprietors, distributors and agents from selling, offering to sell or advertising any goods and services under the 'AQUAKIND' or any other mark deceptively similar to Mankind's trademarks.

The Court issued notice to the defendants and posted the matter for further hearing on 10 March, 2025.

Case title: Mankind Pharma Limited vs. Aquakind Land LLP & ors.

Citation: 2024 LiveLaw (Del) 1221

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