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ARTICLE · 17 MAY 2021

Infringement And Passing Off In Pharmaceutical Trademarks To Be Minimum

S.S. Rana & Co.
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A Single Bench of Hon'ble Delhi High Court vide its order dated April 20, 2021, granted an ex-parte ad-interim injunction in favour of the Plaintiff Mankind Pharma Limited and the Defendant Novakind Bio Sciences Private Limited, ...

IndiaIntellectual Property
Lucy Rana
Lucy Rana
Priya Adlakha
Priya Adlakha
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A Single Bench of Hon'ble Delhi High Court vide its order dated April 20, 2021, granted an ex-parte ad-interim injunction in favour of the Plaintiff Mankind Pharma Limited and the Defendant Novakind Bio Sciences Private Limited, restraining the company from further manufacturing, either on its own behalf or through any job worker, marketing or clearing for sale in the market any pharmaceutical product bearing the 'KIND' suffix or which may in any manner infringe the registered trademarks of the Plaintiff.

SUBMISSIONS MADE OB BEHALF OF THE PLAINTIFF:

The Plaintiff is the fifth largest pharmaceutical company in India, and claims to be the registered proprietor of the mark, 'MANKIND', in all 45 classes, with 78 registrations of 'MANKIND' in various classes. The mark 'MANKIND', has been certified as a well-known trademark by the Registrar of Trade Marks and is published in the list of well-known trademarks maintained by the Registrar. The Plaintiff claims to hold

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