In a suit filed by Mankind Pharma Limited, the Delhi High Court after considering the similarity between the trade dresses/ packaging of both the products, granted injunctive relief to Mankind by restraining a pharmaceutical manufacturer Sanshiv Health Tech from using the similar trade dress / trade mark as that of Mankind Pharma.
“This resemblance is particularly concerning given that both products are marketed to children, raising the stakes for public health and safety”, the court said.
In the instant case, the plaintiff' asserted that Mankind Pharma adopted the CALDKIND trademark in 2007 for its calcitrol, calcium and zinc capsules. During the proceedings, the plaintiff further asserted that its product has gained traction in the market, with sales figures reaching over Rs 12 Crore in the last financial year. The plaintiff's counsel argued that defendants are attempting to capitalise the goodwill and reputation of CALDKIND, potentially misleading consumers into purchasing their product under false pretenses.
In response to the plaintiff's claims, the court granted an interim injunction, restraining the defendants from selling or advertising their CALCA-P syrup until the pendency of the case. The court has also appointed local commissioners to inspect the defendants premises to ensure compliance with order and to seize any infringing products.
Court while granting injunction has held that in pharmaceutical matters, Courts are required to be more stringent and cautious as the likelihood of confusion will be higher.
Mankind Pharma Limited was represented by Mr Rajiv Nayar, Senior Advocate along with team of Khaitan & Co, led by Mr Ankur Sangal (Partner), Mr Ankit Arvind (Principal Associate), Mr Shashwat Rakshit, (Senior Associate) and Ms Nidhi Pathak (Associate).
The next hearing in the case is scheduled for December 18, 2024.
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