Delhi High Court - Orders
Mankind Pharma Limited vs Kindcare Drugs Private Limited on 20 April, 2026
Author: Jyoti Singh
Bench: Jyoti Singh
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1120/2025 & I.A. 25939/2025
MANKIND PHARMA LIMITED .....Plaintiff
Through: Mr Ankur Sangal, Mr. Ankit Arvind,
Ms. Nidhi Pathak and Mr. Rishabh Rao,
Advocates.
versus
KINDCARE DRUGS PRIVATE LIMITED .....Defendant
Through: Mr. Aniruddh Khandelwal, Advocate.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 20.04.2026 I.A.10636/2026
1. This application is filed jointly by parties under Order XXIII Rule 3 read with Section 151 CPC for recording the settlement between the parties.
2. Present suit has been instituted by Plaintiff inter alia seeking permanent injunction restraining the Defendant and all others acting on its behalf from selling, offering for sale, supplying, advertising, directly or indirectly, dealing in any goods and services under the impugned trademarks/trade name 'KINDCARE'/'KINDCARE DRUGS PRIVATE LIMITED' and or any other trademark/trade name as may be identical or deceptively similar to Plaintiff's registered trademarks 'KIND'/'MANKIND'/ 'KINDCARE' and 'KIND' formative trademarks and their variants thereof, amounting to infringement and/or passing off.
CS(COMM) 1120/2025 Page 1 of 3This 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 21/04/2026 at 21:11:51
3. During the pendency of the suit, parties have amicably settled their inter se disputes and terms of settlement as incorporated in paragraph No. 3 of this application are extracted hereunder for ease of reference:-
"3. That during the pendency of the present suit, the Defendant has approached the Plaintiff for amicable settlement of the present dispute. The parties have accordingly agreed to settle the present dispute as per the following terms:
a. Defendant acknowledges that the Plaintiff is the sole and exclusive proprietor of the trademarks "MANKIND"/ "KIND"/ "KIND CARE"
and/or "KIND" formative trademarks;
b. The Defendant agrees and undertakes that it will not sell, supply, offer for sale, import and deal in any goods and services under the impugned trade mark / trade name "KINDCARE" and / or any other trade mark/ trade name as may be identical to or deceptively similar with the Plaintiff's registered trade marks "MANKIND"/ "KlND"/"KINDCARE" and/or "KIND" formative trademarks;
c. The Defendant agrees and undertakes that it will not advertise its services under the impugned trade mark/trade name "KINDCARE" and / or any other trade mark / trade name as may be identical to or deceptively similar with the Plaintiff's registered trade marks "MANKIND" / "KIND" / "KINDCARE" and/or "KIND" formative trademarks; d. The Defendant agrees and undertakes that it will completely cease all usage of the impugned trade mark / trade name "KINDCARE"/ "KINDCARE DRUGS PRIVATE LIMITED" as a trading / corporate name and shall forthwith make the requisite filing with the Registrar of Companies and/or any other authorities, including but not limited to the Drugs Controller, for approval of name change and shall not use any trading name / corporate name consisting of Plaintiff's registered trademarks "KIND" / "MANKIND"/ "KINDCARE" and other "KIND" formative trademarks;
e. The Defendant confirms that the Defendant have not filed any trade mark application(s) for the trade mark "KINDCARE" or any other trade mark which is identical to or deceptively similar to the Plaintiff's trademarks "MANKIND"/ "KIND"/ "KINDCARE" and/or "KIND" formative trade mark and further undertakes that it will not file any trade mark application(s) in the future;
f. The Defendant undertakes to takedown its listings under the impugned mark "KINDCARE" and remove all references of the said trade mark/ trade name from its website, social media pages, and other third party CS(COMM) 1120/2025 Page 2 of 3 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 21/04/2026 at 21:11:51 websites or websites of its proprietor, partners or directors, as the case may be, its principal officers, distributors, licensees and agents, and all others acting for and on behalf of the Defendant;
g. The terms stated in clause (b) and (e) of this settlement Agreement shall be complied by the Defendant within fifteen (15) days of signing this Settlement Agreement and clause (c), (d) and (f) of this Settlement Agreement shall be complied by the Defendant within eighteen (18) months of signing this Settlement Agreement;
h. The Defendant, after 18 months of signing of this Settlement Agreement will change the name of its company to KINCARE DRUGS PVT. LTD; i. That subject to the continued satisfaction of the terms in the present application and conditions agreed and undertaken by the Defendant, the Plaintiff agrees to not press for the reliefs of damages and costs. j. In view of the above terms and conditions, the present suit may be decreed in terms of the prayer clauses (a), (b), (c) (d) and (e) of the Plaint;"
4. Court has perused the terms of settlement and finds the same to be lawful. The application is accordingly allowed and disposed of, recording the settlement between the parties.
CS(COMM) 1120/2025
5. In light of settlement between the parties this suit is decreed in accordance with prayer clauses (a) to (e) of the plaint read with the settlement terms.
6. Registry is directed to draw up the decree sheet.
7. Suit stands disposed of along with pending application.
8. Plaintiff is held entitled to refund of entire court fees in accordance with the Court Fees Act, 1870.
JYOTI SINGH, J APRIL 20, 2026/VP/YA CS(COMM) 1120/2025 Page 3 of 3 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 21/04/2026 at 21:11:51