On September 20, The Delhi High Court in a suit filed by Mankind Pharma Limited granted injunctive relief to Mankind by restraining a pharmaceutical manufacturer Sanshiv Health Tech from using the similar trade dress / trademark as that of Mankind Pharma.
The court observed the defendants to be guilty of blatantly adopting and using the impugned trade dress and design.
The plaintiff were able to make out a prima facie case with the balance of convenience for grant of an ad interim ex-parte injunction in their favour and against the defendants. “In case the defendants are not restrained by way of an ad interim ex-parte injunction, there is a likelihood of the plaintiff suffering irreparable harm, loss, injury and prejudice which cannot be compensated for in terms of money,” observed Justice Saurabh Banerjee.
The court noted that since in the present case pharmaceutical goods are specifically formulated for children. Therefore, a greater protection is required than in the ordinary case to avoid any possibility of confusion as the competing products are pharmaceutical preparations, as it would be in interest of the general public if proactive steps are taken for restraining the defendants, more so, since in the present case pharmaceutical goods are specifically formulated for children.
Mankind Pharma Limited was represented by Rajiv Nayar, Senior Advocate along with team of Khaitan & Co, led by Ankur Sangal (Partner), Ankit Arvind (Principal Associate), Shashwat Rakshit, (Senior Associate) and Nidhi Pathak (Associate).