The High Court of Delhi allowed a joint application for a consent decree regarding a trademark dispute between Mankind Pharma and Derma Concepts. The Court approved the settlement terms and granted a refund of 75% of court fees under Section 16 of the Court Fees Act, 1870.
Suit decreed based on settlement terms; refund of 75% court fees directed.
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MANKIND PHARMA LIMITED .....Plaintiff Through: Mr. Shashwat Rakshit, Adv.
versus
DERMA CONCEPTS & ORS. .....Defendants Through: Counsel (appearance not given)
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R % 07.04.2025
I.A. 9054/2025 (Order XXIII Rule 3 of the CPC)
“a. The Defendants acknowledge that the Plaintiff is the sole and exclusive proprietor of the trademark "MYCEPT" and has goodwill and reputation in the same;
b. The Defendants agree and undertake that they will not use the trade mark "MUCEPT" or any other trade mark in any manner possible, which may be identical to or deceptively similar with the Plaintiffs trade mark "MYCEPT";
c. The Defendants undertake to withdraw their impugned trade mark registration bearing registration no. 3457816 within 7 days from the date of the present settlement application and share the proof of the same with Plaintiff;
d. The Defendants also undertake to take down all the listings of the
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2025 at 14:30:52
impugned product under the impugned trade mark "MUCEPT" from their websites and all others acting for and on behalf of the Defendants, third party websites/ platforms and/ or from any other place on the internet;
e. The Defendants confirm that they have not filed any other application before the relevant authorities for claiming rights over the trade mark "MUCEPT" and further undertake that they will not file any such trade mark applications in the future;
f. That subject to the continued satisfaction of the terms and conditions agreed and undertaken by the Defendants, the Plaintiff agrees to not press for the reliefs of damages and rendition of accounts;
g. In view of the above terms and conditions, the present suit may be decreed in terms of the prayer clauses (a), (b), and (c) of the Plaint.”
CS(COMM) 761/2024 & I.A. 38517/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2025 at 14:30:52
as recorded in para 3 of the application bearing no. I.A. 9054/2025, which are reproduced hereinabove.
SAURABH BANERJEE, J
APRIL 7, 2025/ bh
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2025 at 14:30:52
2 issues framed by the court
Whether the pending suit should be decreed based on the consent setlement terms.
Whether the Court fees paid by the plaintiff are refundable upon amicable settlement.
2 provisions across 2 enactments
MANKIND PHARMA LIMITED
DERMA CONCEPTS
Saurabh Banerjee
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
