Mankind Pharma Stops Sepkind from Using Similar Trademark

Case 6: Mankind Pharma Ltd. v. Sepkind Pharma Pvt. Ltd. & Ors.

Citation: 2024 SCC OnLine Del 3143
Court: Delhi High Court
Date Decided: 23 December 2024
Judge: Justice Mini Pushkarna

Background

Mankind Pharma Ltd. (“Mankind”), a leading pharmaceutical company in India, has been using the trademark “MANKIND” since 1986 and holds multiple registrations under the Trademarks Act, 1999. The mark “MANKIND” has been recognized as a well-known trademark by the Registrar of Trade Marks under Rule 124 of the Trade Marks Rules, 2017. Mankind has developed a family of trademarks incorporating the “KIND” suffix, such as “HEPAKIND,”“GLYKIND,” and “METROKIND,” establishing a strong brand identity in the pharmaceutical sector.

In December 2024, Mankind discovered that Sepkind Pharma Pvt. Ltd. (“Sepkind”) was using the mark “SEPKIND,” which incorporated the “KIND” suffix, and a logo and tagline (“Save your Life”) that were deceptively similar to Mankind’s own logo and tagline (“Serving Life”). Mankind filed a suit seeking a permanent injunction against Sepkind to restrain them from infringing its trademark, passing off, and engaging in unfair trade practices.

Plaintiff’s MARK

Defendant’s MARK

Legal Issues

1. Whether Sepkind’s use of the mark “SEPKIND” infringes upon Mankind’s registered trademark “MANKIND” under the Trade Marks Act, 1999.
2. Whether Sepkind’s use of a similar logo and tagline constitutes passing off and unfair trade practices.
3. Whether Mankind is entitled to an ex-parte ad-interim injunction to prevent irreparable harm pending the final adjudication of the suit.

Parties’ Contentions

Plaintiff (Mankind Pharma Ltd.):

• Asserted that “MANKIND” is a well-known trademark with significant goodwill and reputation in the pharmaceutical industry.
• Claimed that Sepkind’s use of “SEPKIND,” along with a similar logo and tagline, is likely to cause confusion among consumers and amounts to trademark infringement and passing off.
• Argued that the adoption of the “KIND” suffix by Sepkind was a deliberate attempt to capitalize on Mankind’s established brand identity.

Defendants (Sepkind Pharma Pvt. Ltd. & Ors.):

• At the time of the ex-parte hearing, the defendants had not filed a response.

Decision

The Delhi High Court granted an ex-parte ad-interim injunction in favor of Mankind Pharma Ltd., restraining Sepkind Pharma Pvt. Ltd. and others from:

• Using the mark “SEPKIND” or any other mark deceptively similar to “MANKIND” in any manner, including on products, packaging, promotional materials, or online platforms.
• Using a logo or tagline that is deceptively similar to Mankind’s registered trademarks and associated branding elements.

The court held that Mankind had established a prima facie case for the grant of an injunction and that the balance of convenience favored Mankind. It also noted that Mankind would suffer irreparable harm if the injunction were not granted.

Ratio Decidendi

• The use of a mark that is deceptively similar to a well-known registered trademark constitutes infringement under Sections 29(1) and 29(2)(b) of the Trade Marks Act, 1999.
• The adoption of similar branding elements, such as logos and taglines, can lead to consumer confusion and amounts to passing off and unfair trade practices.
• In cases where the plaintiff demonstrates a strong prima facie case and the likelihood of irreparable harm, courts may grant ex-parte ad-interim injunctions to preserve the status quo pending final adjudication.

LEGAL ANALYSIS

• Trade Marks Act, 1999: Sections 29(1), 29(2)(b), 29(4)
• Trade Marks Rules, 2017: Rule 124
• Code of Civil Procedure, 1908: Order XXXIX Rules 1 and 2
• Indian Copyright Act, 1957

Bibliography

• Mankind Pharma Ltd. v. Sepkind Pharma Pvt. Ltd. & Ors. [2024] SCC OnLine Del 3143
• ‘Delhi HC grants ex-parte ad-interim injunction in favour of Mankind Pharma Ltd. to restrain infringement of trade mark’ (SCC Online, 23 December 2024) https://www.scconline.com/blog/post/2024/12/23/delhi-hc-grants-ex-parte-ad-interim-injunction-mankind-pharma-restrain-infringement-trade-mark/

Author: Suhani Sharma