Mankind Pharma Limited v. Chandra Mani Tiwari & Anr.
Case brief
What is this about?
Delhi High Court decreed an infringement suit filed by Mankind Pharma Limited against Chanda Mani Tiwari. Restrained defendants from using 'MERCYKIND' or similar marks, manufactured goods under such names, and mandated changes to corporate name and company details within five months. Allowed exhaustion of existing stock within one year.
What did the court decide?
Decree passed in favor of plaintiff restraining defendants from using 'MERCYKIND', manufacturing products under the mark, and using the corporate name 'MERCYKIND' after five months; stock to be exhaus
What the court decided
$~10
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CS(COMM) 100/2017, I.A. 1684/2017 & I.A. 1685/2017
- MANKIND PHARMA LIMITED .....Plaintiff
Through: Mr. Rajiv Nayar, Sr. Adv. with Mr. Ankur Sangal, Mr. Ankit Arvind, Mr. Kiratraj Sadana and Ms. Nidhi Pathan, Advs.
versus
CHANDRA MANI TIWARI & ANR. .....Defendants Through: Mr. A.K. Pandey and Mr. Hem Kumar, Advs. M: 9811029458 Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 19.09.2024
- The present suit has been filed seeking permanent injunction restraining the defendants from infringing the plaintiff’s trademark/trade name ‘MANKIND’ and series of marks with the suffix/prefix ‘KIND’ in any manner whatsoever, and to stop usage of the trademark/trade name ‘MERCYKIND’.
Issues for consideration
3 issues framed by the court
Whether to grant time for defendants to change company name from 'MERCYKIND' to a non-deceptively similar name.
Whether to allow defendants to exhaust existing stock worth approximately ₹70 lakhs marked as Annexure-A.
Whether to grant injunctions restraining usage of 'MERCYKIND' products, manufacturing, and pending trademark registrations.
Parties & counsel
- petitioner
Mankind Pharma Limited
- respondent
Chanda Mani Tiwari & Anr.
Coram
Mini Pushkarna
Case details
As recorded by the court registry
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