Mankind Pharma Limited v. Arm Accro Marketing Private Limited
Case brief
What is this about?
Trademark infringement and passing off; 'KIND' family of marks; defendant's mark 'BROZIKIND' (recited as 'BROZIDKIND'); trade dress similarity to 'ASTHAKIND'; medicinal and pharmaceutical preparations; consent decree; permanent injunction; cost and damages prayers given up; defendant ceased manufacture; Delhi High Court commercial suit; Mankind Pharma Limited; Arm Accro Marketing Private Limited; Justice Mini Pushkarna; decided 10.02.2025.
What did the court decide?
Suit decreed in favour of the plaintiff and against the defendant in terms of paragraphs 37(a) to (c) of the plaint (the suit having sought a permanent injunction against use of 'BROZIDKIND'/'BROZIKIND' or any mark/trade name with the word element 'KIND' and a trade dress similar to 'ASTHAKIND'); plaintiff gave up its prayers for cost and damages; decree sheet to be drawn up; suit and pending applications disposed of; hearing fixed for 02.04.2025 cancelled.