Mankind Pharma Limited v. Tata Medical and Diagnostics Limited
Case brief
What is this about?
Settlement/consent disposal of commercial trademark infringement suit; Delhi High Court; CS(COMM) 192/2022; I.A. 3108/2026; Mankind Pharma Limited v. Tata Medical and Diagnostics Limited; conflicting marks OMIPURE and OMISURE; RT-PCR Kit and diagnostic kits; Order XXIII Rule 3 read with Section 151 CPC; undertakings not to adopt, use or register deceptively similar mark; damages and costs claims foregone; decree sheet drawn up; suit decreed and disposed with pending applications; Judge Tushar Rao Gedela; decision dated 04.02.2026.
What did the court decide?
Suit decreed in full in terms of the Settlement Agreement; parties bound to its undertakings (defendant to refrain from adopting/using/registering OMISURE or deceptively similar marks; plaintiff foregoes damages and costs claims); decree sheet to be drawn up and suit disposed of along with pending applications.