In a trademark infringement suit filed by Mankind Pharma against Sepkind Pharma, the Delhi High Court has restrained Sepkind Pharma from using its registered trademark “SEPKIND”, after considering the rights of Mankind on its “KIND” family of trademarks.
The Court has held that an ex-parte ad-interim injunction can be passed even against the registered proprietor of the trademark in the case of dishonest adoption.
The court has considered that Mankind has been using the “KIND” family of trademarks for the last 3 decades and has numerous trademark registrations over the trademark “MANKIND” and other “KIND” trademarks.
While granting the injunction, the Court also considered that the trademark “MANKIND” has been declared as a well-known trademark and that Mankind Pharma has sole and exclusive rights in and over the trademark/trade name “MANKIND” and “KIND” formative trademarks.
Mankind Pharma Limited was represented by Ankur Sangal (Partner), Khaitan & Co. along with his team comprising Ankit Arvind (Principal Associate), Shashwat Rakshit (Senior Associate), Kiratraj Sadana (Associate), and Nidhi Pathak (Associate).
The matter was heard before Justice Mini Pushkarna.
