Mankind Pharma Private Limited (hereinafter, ‘Mankind’), a pharmaceutical company came into existence in 1986 when it is adopted a logo  In late 2021, Mankind came across an entity who was using the name, NISEKIND PHARMA PRIVATE LIMITED (hereinafter, ‘Nisekind’) and the mark . Initially, Mankind sent a cease-and-desist notice to Nisekind. Nisekind refused to comply. Mankind approached the Delhi High Court for an exparte ad- interim injunction against Nisekind. Mankind contended that Nisekind had dishonestly adopted the trademark with malicious intent. It further claimed that Nisekind was dealing with the same goods in the market place under their trademark Nisekind.

 

 

Mankind added that it has coined more than 120 trademarks by adding the word ‘KIND’ as a part of its trademarks in relation to medicinal and pharmaceutical preparations including ‘HEPAKIND’, ‘SPARKIND’, ‘GLYKIND’ etc. It claimed that over the years its ‘KIND family of marks’ has acquired goodwill and reputation and the public exclusively associated products which included ‘KIND’ as part of their trademark, as emanating from Mankind.

 

Mankind asserted that it had created the ‘KIND family of marks’ and that Nisekind would be considered part of this family.

 

 

After due consideration of contentions advanced by the counsels, the Hon’ble Court held that Mankind had successfully established a prima facie case for the grant of ex-parte ad-interim injunction. The balance of convenience also lay in Mankind’s favour and in case, such an injunction was not granted, irreparable loss would be caused to Mankind , considering the immense goodwill attached with its trademarks.

 

 

Accordingly, The Court restrained Nisekind from trading, selling, marketing, dealing, advertising (including, advertising and selling on the internet and/or rendering services with respect to medicinal and pharmaceutical preparations under the trade name/mark, ‘NISEKIND ‘ and/or any other trade name/mark with the word element ‘KIND’ amounting to infringement of the ‘KIND family of marks’ till the next date of hearing. Therefore, clearly all “kinds” belong to Mankind!