Delhi High Court Grants Injunction in Trademark Infringement Case Favoring Mankind Pharma
Biodiscovery Lifesciences Restrained from Using Deceptively Similar Marks
In a significant judgment pronounced by the Delhi High Court on September 24, 2025, Mankind Pharma Limited has secured an ex-parte ad-interim injunction against Biodiscovery Lifesciences Private Limited for trademark infringement and passing off. Presided over by Justice Tejas Karia, the court restrained Biodiscovery Lifesciences from using marks that are deceptively similar to Mankind Pharma's registered trademarks, including 'MANKIND', 'KIND', 'FENDIKIND', 'ZENKIND', and 'DIZIKIND'.
The plaintiff, Mankind Pharma Limited, argued the case citing infringement of their well-established trademarks by the defendant's use of 'DICKIND', 'LONOKIND', 'FENKIND', and 'CHIMOKIND'. The court recognized the similarity between the marks, product categories, and trade channels, establishing a prima facie case of triple identity. This identity, the court noted, could lead to consumer confusion and erode trust in Mankind Pharma's brand.
Justice Karia acknowledged the plaintiff's longstanding reputation and goodwill, supported by substantial evidence of trademark registrations across various jurisdictions. Mankind Pharma, a leading enterprise in the pharmaceutical industry, demonstrated its extensive use and promotion of its trademarks, substantiated by the company's global presence and significant turnover exceeding Rs. 9,264 crores in 2024.
The court exempted Mankind Pharma from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, citing urgent interim relief and aligning with the Supreme Court precedent in Yamini Manohar v. T.K.D. Krithi. The balance of convenience was deemed to favor Mankind Pharma, and irreparable injury was foreseen if the injunction was not granted.
As per the court's directive, Biodiscovery Lifesciences, along with its affiliates and associates, is prohibited from manufacturing, selling, or advertising products under the disputed marks, which are confusingly similar to Mankind Pharma's trademarks. The injunction will remain in effect until the next hearing scheduled for January 28, 2026.
This case underscores the judicial system's role in protecting intellectual property rights and maintaining market integrity. Mankind Pharma's victory affirms the significance of trademark registration and enforcement in safeguarding corporate identity and consumer trust.
Bottom Line:
Trademarks - Infringement and Passing Off - Plaintiff established a prima facie case for grant of an ex-parte ad-interim injunction based on prior use, reputation, and goodwill of registered trademarks, with evidence of triple identity (identical marks, product category, and trade channels).
Statutory provision(s): Commercial Courts Act, 2015 Section 12A, Trade Marks Act, 1999 Section 29, Civil Procedure Code, 1908 Order XXXIX Rules 1 and 2
