Mankind Pharma Limited vs Alkakind Pharmaceuticals Private ... on 27 March, 2026

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Delhi High Court - Orders

Mankind Pharma Limited vs Alkakind Pharmaceuticals Private ... on 27 March, 2026

Bench: Jyoti Singh

                          $~70
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 322/2026
                                    MANKIND PHARMA LIMITED                        .....Plaintiff
                                                Through: Mr. Rajiv Nayar, Senior Advocate
                                                with Mr. Ankur Sangal, Mr. Ankit Arvind, Ms.
                                                Nidhi Pathak, Mr. Rishabh Rao and Mr. Prateush
                                                Sharma, Advocates.

                                                                  versus
                                    ALKAKIND PHARMACEUTICALS PRIVATE LIMITED
                                                                          .....Defendant
                                                  Through:
                                    CORAM:
                                    HON'BLE MS. JUSTICE JYOTI SINGH
                                                                  ORDER

% 27.03.2026 I.A. 8127/2026 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

I.A. 8125/2026 (for pre-institution mediation)

3. This application is filed on behalf of the Plaintiff under Section 12-A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from Pre-Institution Mediation.

4. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiff from Pre-Institution Mediation.

5. Application is allowed and disposed of.

CS(COMM) 322/2026 Page 1 of 17

This is a digitally signed order.

6. This application is filed on behalf of the Plaintiff seeking extension of time by two weeks for filing the court fees.

7. For the reasons stated in the application, the same is allowed permitting the Plaintiff to deposit the requisite court fees within two weeks from today.

8. Application is disposed of.

I.A. 8126/2026 (u/O XI Rule 1 (4) r/w Section 151 CPC)

9. This application is filed on behalf of the Plaintiff seeking leave to place on record additional documents within 30 days.

10. Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly in accordance with provisions of the Commercial Courts Act, 2015.

11. Application is disposed of.

CS(COMM) 322/2026

12. Let plaint be registered as a suit.

13. Upon filing of process fee, issue summons to the Defendant through all permissible modes, returnable before the learned Joint Registrar on 15.04.2026.

14. Summons shall state that the written statement shall be filed by the Defendant within 30 days from the receipt of summons along with affidavit of admission/denial of the documents filed by the Plaintiff.

15. It will be open to the Plaintiff to file replication within 30 days from the date of receipt of written statement along with affidavit of admission/denial of documents filed by the Defendant.

16. If any of the parties wish to seek inspection of any documents, the same be sought and given the timeline prescribed in Delhi High Court CS(COMM) 322/2026 Page 2 of 17 This is a digitally signed order.

17. Learned Joint Registrar will carry out admission/denial of documents and marking of exhibits.

I.A. 8124/2026 (u/O XXXIX Rules 1 and 2 r/w Section 151 CPC)

18. This application is filed on behalf of the Plaintiff seeking ex parte ad interim injunction against the Defendant.

19. Issue notice to the Defendant through all permissible modes, returnable before Court on 21.05.2026.

20. Case of the Plaintiff as set up in the plaint is that Plaintiff is engaged in the business of medicinal and pharmaceutical goods. Founded in the year 1986, Plaintiff commenced its business under the name 'Mankind Pharma', which was later changed to 'Mankind Pharma Limited'. Plaintiff is the fourth largest pharmaceutical company of India engaged in manufacturing and supplying of medicinal, pharmaceutical, consumer healthcare and wellness products in India and globally, with sales turnover of approximately Rs. 9,497 crores in Financial Year 2024-2025 alone. Plaintiff operates in 34 countries and its products span from specialised pharmaceutical to popular over-the-counter (OTC) drugs, Fast-Moving Consumer Goods (FMCG) and Diagnostic Kits.

21. It is stated that Plaintiff adopted the trademark/trade name 'MANKIND' in 1986 and has secured registrations in various classes as follows:-

CS(COMM) 322/2026 Page 3 of 17

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 30/03/2026 at 21:35:06 CS(COMM) 322/2026 Page 4 of 17 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 30/03/2026 at 21:35:06 CS(COMM) 322/2026 Page 5 of 17 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 30/03/2026 at 21:35:06

22. It is stated that the said registrations are valid and subsisting. Plaintiff has registrations in MANKIND and other formative trademarks in several countries such as Malaysia, Indonesia, Canada, Cuba, Australia etc. Products and services under the trademark MANKIND have acquired tremendous goodwill and reputation globally and in India and the trademark has been declared as a 'well-known' trademark by the Registrar of Trade Marks under Rule 124 of Trade Marks Rules, 2017. Plaintiff has, since its inception, strategically incorporated 'KIND' as a prefix/suffix across its CS(COMM) 322/2026 Page 6 of 17 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 30/03/2026 at 21:35:06 product portfolio to establish a distinct brand identity and market recognition. Illustratively, list of Plaintiff's trademark registrations for the trademark 'KIND' and its formative trademarks in Classes 05, 35 and 44 are as follows:-

CS(COMM) 322/2026 Page 7 of 17

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 30/03/2026 at 21:35:06 CS(COMM) 322/2026 Page 8 of 17 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 30/03/2026 at 21:35:06 CS(COMM) 322/2026 Page 9 of 17 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 30/03/2026 at 21:35:06

23. It is stated that trademark KIND has become a core component of Plaintiff's branding strategy and extensive use of KIND formative trademarks has established a strong reputation for quality in the pharmaceutical industry. Plaintiff also runs and maintains a website i.e., 'www.mankind.com', which was registered on 21.06.1995 and is accessible to customers worldwide providing information about Plaintiff's business and CS(COMM) 322/2026 Page 10 of 17 This is a digitally signed order.

"www.mankindpharma.com, www.mankindunwanted.com, www.mankindmanforce.com, www.mankinddontworry.com, www.mankindkaloree1.com, www.futuremankind.com, www.vetmankind.com, www.caremankind.com, www.petmankind.com, www.mankindpharma.net, www.magnetmankind.com, www.specialmankind.com, www.mankindpharma.cn and www.mankindpharma.org."

24. Plaintiff has established a wide network of subsidiaries and entities/divisions with MANKIND/KIND as part of their trade name such as, DISCOVERY MANKIND/ , LIFE MANKIND/ , SPECIAL MANKIND/ , FUTURE MANKIND/ , VET MANKIND/ , CARE MANKIND/ , PET MANKIND/ KINDCARE FOUNDATION, MANKIND PRIME/ , etc. These entities/divisions are widely recognised as part of the Plaintiff's group and KIND trademark is associated with Plaintiff and its group only.

25. It is stated that apart from statutory rights in the trademark/trade name MANKIND and other KIND formative trademarks owing to numerous trademark registrations, Plaintiff also possesses valuable common law rights over these trademarks having built immense goodwill and reputation due to extensive, continuous and commercial use of the trademarks. Formidable and enviable reputation and goodwill of the Plaintiff is evident from the annual sales turnover, which is best reflected from the following figures:-

CS(COMM) 322/2026 Page 11 of 17

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 30/03/2026 at 21:35:06

26. It is stated that annual turnover for top 25 products of the Plaintiff under the KIND formative trademarks was Rs. 3,009.20 crores for Financial Year 2024-25 alone and the sales figures of top 25 products of the Plaintiff under the KIND formative trademarks over the years is as below:-

CS(COMM) 322/2026 Page 12 of 17

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 30/03/2026 at 21:35:06

27. It is stated that Plaintiff has invested time, effort and money in promoting its products under the trademark/trade name MANKIND/KIND/ KIND formative trademarks on various platforms, print and electronic media. Many celebrities such as Mr. Amitabh Bachchan, Mr. Rishi Kapoor, Ms. Shilpa Shetty, Ms. Kareena Kapoor, etc., have endorsed Plaintiff's brand. Details of substantial amounts spent on advertisements and promotion campaigns over the years are as follows:-

28. It is stated that Plaintiff has been vigilant in protecting its statutory and common law rights in respect of marks MANKIND and KIND and several orders have been passed by this Court protecting the trademarks and the rights of the Plaintiff. Illustratively, reference is made to orders passed in Mankind Pharma Ltd. v. Cadila Pharmaceuticals Ltd, CS(OS) 2047/2014, CS(COMM) 322/2026 Page 13 of 17 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 30/03/2026 at 21:35:06 dated 22.01.2015; Mankind Pharma Ltd. v. Kindmans Laboratories Limited, CS(COMM) No. 1085/2024, dated 05.12.2024; and Mankind Pharma Limited v. Kindmedics Pharmaceutical India Private Limited, CS (COMM) 82/2026, dated 29.01.2026.

29. It is stated that on 08.02.2026, Plaintiff came across Defendant's trademark application for the mark ESOKIND L TAB for goods in Class 05 on 'proposed to be used' basis and also came across Defendant's listings under the trademark/trade name "ALKAKIND"/"ALKAKIND PHARMACEUTICALS PRIVATE LIMITED" on a third party e-commerce website www.indiamart.com, screenshots of which are as follows:-

CS(COMM) 322/2026 Page 14 of 17

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 30/03/2026 at 21:35:06

30. It is stated that from the website, it was evident that Defendant has dishonestly adopted the impugned marks which are deceptively similar to Plaintiff's prior registered trademark KIND and prior registered well-known trademark MANKIND as also other KIND formative trademarks. Plaintiff sent a legal notice dated 12.02.2026, calling upon the Defendant to, inter alia, cease-and-desist from using the trademarks "ESOKIND L TAB", "ALKAKIND SP TAB" and "ALKAKIND"/"ALKAKIND PHARMACEUTICALS PRIVATE LIMITED" and/or any other trade name/trademark identical with or deceptively similar to Plaintiff's marks. In response to the legal notice, Defendant assured that it will not use the impugned trademarks and had filed a letter for withdrawing Application No. 6206631 for the mark ESOKIND L TAB, while application for ALKAKIND SP TAB had been abandoned. Despite this, Defendant continues with its unlawful activities infringing Plaintiff's marks and passing off its goods as those of the Plaintiff.

31. Plaintiff is the registered proprietor of trademarks 'MANKIND' and 'KIND'/KIND formative marks in Classes 05, 35 and 44 and has been using the marks in respect of pharmaceutical products etc. The figures of sales turnover and substantial amounts spent on promotion as also its brand endorsements etc., indicate the formidable reputation and goodwill built by the Plaintiff in the aforesaid marks. Defendant's adoption of impugned trademark/trade name ALKAKIND/ALKAKIND PHARMACEUTICALS PRIVATE LIMITED for similar/identical goods prima facie amounts to infringement of Plaintiff's registered trademarks MANKIND/KIND/KIND formative marks. Rival marks being deceptively similar and competing goods being similar/identical with common consumers and trade channels, there is every likelihood of confusion. In Cadila Health Care Ltd. v. Cadila CS(COMM) 322/2026 Page 15 of 17 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 30/03/2026 at 21:35:06 Pharmaceuticals Ltd., (2001) 5 SCC 73, the Supreme Court has observed that public interest would support lesser degree of proof showing confusing similarity in case of trademark in respect of medicinal products as against other non-medicinal products. By adopting the impugned marks, Defendant has attempted to ride on the formidable reputation and goodwill of the Plaintiff, so as to mislead the consumers that its products have an association with the Plaintiff, thereby passing off its goods and violating Plaintiff's common law rights. For ease of reference, comparative of the rival marks is as follows:-

32. Having heard learned Senior Counsel for the Plaintiff and upon perusal of the documents, I am of the view that Plaintiff has made out a prima facie for grant of ex parte ad interim injunction against the Defendant. Balance of convenience lies in favour of the Plaintiff and it is likely to suffer irreparable harm in case the interim injunction, as prayed for, is not granted.

33. Accordingly, till the next date of hearing, Defendant, its proprietors, partners or directors, as the case may be, its principal officers, servants, distributors, dealers and agents, and all others acting for and on its behalf are restrained from conducting business, selling, offering for sale, supplying, advertising, using and/or directly or indirectly dealing in any goods under the impugned trademark/trade name ALKAKIND/ALKAKIND PHARMACEUTICALS PRIVATE LIMITED and/or any other trademark/ trade name as may be identical to or deceptively similar with Plaintiff's registered trademarks MANKIND/KIND and KIND formative marks and CS(COMM) 322/2026 Page 16 of 17 This is a digitally signed order.

34. Plaintiff shall comply with the provisions of Order XXXIX Rule 3 CPC within one week from today.

JYOTI SINGH, J MARCH 27, 2026/RW CS(COMM) 322/2026 Page 17 of 17 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 30/03/2026 at 21:35:06

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Delhi High Court - Orders