Delhi HC Clears Up Trademark Infringement Rules In Mankind Pharma Appeal

In a recent appeal by Mankind Pharma, the Delhi High Court has clarified how trademark infringement laws apply to corporate names. The court overturned a previous decision that dismissed Mankind Pharma's claim of trademark infringement against the company name “Mercykind Pharmaceuticals Private Limited.” The Single Judge had ruled that this did not constitute trademark use under Section 29 (5) of the Trade Marks Act 1999. However, the Appeal Court determined that trademark infringement laws extend to corporate names as well.

The case involved trademark violations by a former Mankind Pharma employee, and the Court emphasized that the issue of dishonest adoption was critical but previously overlooked. It also stressed the importance of avoiding confusion in the pharmaceutical sector regarding trademark use. Mankind Pharma Limited was represented by Mr. Rajiv Nayar and Mr. Akhil Sibal, Senior Advocates, alongside the Khaitan & Co team, which included Mr. Ankur Sangal (Partner), Mr. Ankit Arvind (Principal Associate), Mr. Kiratraj Sadana (Associate), and Ms. Nidhi Pathak (Associate).