Delhi High Court Grants Ex-Parte Interim Injunction In Mankind Pharma's Suit, Restrains 'Dickind', 'Lonokind', 'Fenkind' & 'Chimokind' Marks

Justice Tejas Karia restrained the defendant entity from using, till the next date of hearing, marks like 'DICKIND', 'LONOKIND', 'FENKIND' and 'CHIMOKIND'.

The bench observed that the identity in the impugned marks is so close to Mankind's trademarks that the two are “indistinguishable”.

“This is a case of triple identity where the Marks are identical, the product category is identical and the trade channel as also the consumer base is identical…The infringing activities of the Defendant is likely to cause confusion in the course of trade of the Plaintiff leading to erosion of consumers' trust,” it observed.

Mankind sought permanent injunction restraining infringement of its registered trademarks— 'MANKIND', 'KIND', 'FENDIKIND', 'ZENKIND' and 'DIZIKIND'.

The High Court noted that Mankind's earliest registration of trademark was in the year 1995, thus becoming the prior user and being entitled to protection.

It further observed that the company had established “long and continuous use” of the trademarks.

“The Plaintiff has demonstrated the goodwill and reputation acquired by the Plaintiff's Trade Mark. The Defendants' use of the Impugned Marks is prima facie dishonest and nothing but an attempt to ride the goodwill and reputation of the Plaintiff's Mark so as to cause confusion in the market,” it said and granted interim relief.

The main suit is listed for hearing on January 28, next year.

Recently, while ordering removal of “Unkind” mark from the Register of Trademarks, the judge had held that Mankind Pharma Limited is entitled to higher protection for “Kind” family marks

Appearance: Mr. Ankur Sangal, Mr. Ankit Arvind, Ms. Nidhi Pathak and Mr. Rishab Rao, Advocates for Plaintiff

Case title: Mankind Pharma Limited v. Biodiscovery Lifesciences Private Limited

Case no.: CS(COMM) 1016/2025

Click here to read order