In an appeal filed by Mankind Pharma, Delhi High Court has recently clarified the law on infringement of trade mark by use of the corporate name/company name.
While setting aside the order of the Single Judge rejecting the claim of trade mark infringement against the corporate name “Mercykind Pharmaceuticals Private Limited” under Section 29 (5) of the Trade Marks Act 1999 holding that such use did not amount to use of a trade mark, the Appeal Court has held that the provisions of the Trade Marks Act regarding infringement of trade mark will also govern the infringement of corporate name / company name.
Considering that the case involved violation of the trade mark by a former employee of Mankind Pharma, the Court categorically held that the first issue which merited consideration was that of dishonest adoption which was overlooked by the Single Judge.
The Court also reiterated that great care must be taken in the case of pharmaceutical goods to prevent any possibility of confusion in the use of trade marks.
Mankind Pharma Limited was represented by Mr Rajiv Nayar and Mr Akhil Sibal, Senior Advocates, along with the team of Khaitan & Co led by Mr Ankur Sangal (Partner), Mr Ankit Arvind (Principal Associate), Mr Kiratraj Sadana (Associate) and Ms Nidhi Pathak (Associate).
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