Mankind Pharma Limited & Anr vs Eris Healthcare Private Limited & Anr on 20 January, 2026

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Delhi High Court - Orders

Mankind Pharma Limited & Anr vs Eris Healthcare Private Limited & Anr on 20 January, 2026

1. Ms. Vrinda Pathak, learned counsel for the defendant no.1 appeared after having seen the cause list. She submits that a copy be served upon her to take proper instructions. Learned counsel for the plaintiff has supplied the copy of complete paper book of the plaint alongwith the documents and other applications to Ms. Vrinda Pathak, learned counsel for the defendant no.1.

2. The matter be passed over for Ms. Vrinda Pathak to take instructions.

TUSHAR RAO GEDELA, J At 2:30 pm I.A. 1524/2026 (Pre-Institution Mediation)

1. This is an application filed by the plaintiff seeking exemption from instituting Pre-Institution Mediation under Section 12A of the Commercial Courts Act, 2015 ("CC Act").

2. As the present matter contemplates urgent interim relief, in light of the CS(COMM) 50/2026 Page 1 of 6 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 26/01/2026 at 20:33:05 judgment of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815, exemption from the requirement of Pre-Institution Mediation is granted.

3. The application stands disposed of.

I.A. 1525/2026 (Additional Documents)

4. The present application has been filed on behalf of the plaintiffs under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 ("CPC") as applicable to commercial suits under the CC Act seeking leave to place on record additional documents.

5. As prayed, the plaintiff is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018 within thirty (30) days.

6. Accordingly, the application stands disposed of. I.A. 1526/2026 (Exemption from filing legible/certified copies)

7. This is an application filed on behalf of the plaintiffs under Section 151 of the CPC seeking exemption from filing original/ certified typed translated from vernacular and illegible copies of the documents.

8. For the reasons stated therein, exemption is allowed, subject to all just exceptions.

9. The clear, original, certified, typed, translated and legible copies of the documents upon which they seek to place reliance, be filed within four weeks'.

10. The application stands disposed of.

I.A. 1527/2026 (Exemption from serving advance suit papers)

11. The present application has been filed by the plaintiffs seeking exemption from service advance suit papers to the defendants.

12. Having regard to the fact that defendants have already entered appearance, the present application seeking exemption from advance service has become infructuous.

CS(COMM) 50/2026 Page 2 of 6

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 26/01/2026 at 20:33:05

13. Accordingly, the application stands disposed of accordingly. I.A. 1528/2026 (seeking extension to file Court Fee)

14. The present application has been filed by the plaintiffs under Section 149 read with Section 151 of the CPC, seeking exemption from payment of Court Fees at the time of the filing of the Suit.

15. Considering the submissions made in the present application, time of one week is granted to affix the requisite Court Fees.

16. The application stands disposed of.

CS(COMM) 50/2026, I.A. 1522/2026 (Interim Injunction) & I.A. 1523/2026 (Appointment of Local Commissioner)

17. It is stated that the business of plaintiff no.1 was founded in the year 1986 under the name "Mankind Pharma", and was subsequently incorporated as a company under the Companies Act, 1956 in the year 1991. The plaintiffs claim to be the fourth largest pharmaceutical company in India, and are engaged in the manufacturing and supply of medicinal, pharmaceutical, consumer healthcare and wellness products across the country.

18. Plaintiffs claim to enjoy an impeccable reputation and goodwill of their products over the period of time in a manner that is known for the quality and the cost effectiveness of their product. They also claim that the goods and the trademarks under which these goods are sold are well-known.

19. Plaintiffs further claim to have adopted the trademark "PREGA NEWS" for pregnancy detection kit in the year 2009, and have been continuously and extensively using the distinctive trademark "PREGA NEWS" since then. Plaintiffs also claim to have adopted the trade dress / for its products in the year 2010, and thereafter in the year 2023, plaintiffs introduced the new trade dress CS(COMM) 50/2026 Page 3 of 6 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 26/01/2026 at 20:33:05 for their products. It is also stated that in order to create awareness about their products under the formative marks "PREGA", and also to generate general awareness about the pregnancy journey, they had developed the website https://preganews.com/.

20. The plaintiffs claim to have obtained registrations over "PREGA" formative trademarks and trade dress under the relevant classes since the year 2009. The details of the same are enumerated in para 19 of the plaint. It is also stated that the plaintiff no.1 has obtained copyright registration for the original artistic work , which has been assigned to the plaintiff no.2 vide Deed of Assignment dated 26.09.2024. Apart from the above, the plaintiffs also claim to have been conferred with several awards and accolades, which are enlisted in para 30 of the plaint.

21. The plaintiffs also claim that they have been vigilant in protecting their intellectual property rights, which is clear from the chart provided in para 34 of the plaint.

22. The plaintiffs claim that they came across the offending products of the defendant under the impugned trade name "PREGA HUE" on 08.12.2025. The comparative representation of the plaintiff's trademark and the defendant's trademark is provided hereunder:

Plaintiff's Trademarks And Trade Defendant's Trademarks And Dress Trade Dress CS(COMM) 50/2026 Page 4 of 6 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 26/01/2026 at 20:33:05

23. It is further stated that the plaintiffs came to know that the defendant's products under the impugned trademark was manufactured by one Mediforce Healthcare Private limited, which is also the manufacturer of the plaintiffs products under its registered trademark. Plaintiffs claim to have informed Mediforce about the violation of their rights by the defendants, and subsequently, Mediforce after taking necessary steps informed the plaintiffs that it no longer has any remaining stock of the defendant's products.

24. Plaintiffs also claim that they came to know that the defendants are still selling/marketing their products under the impugned trademark on various e-

commerce websites such as www.indiamart.com and https://www.truemeds.in/. It is stated that the defendants have used the prefix "PREGA" of the plaintiff's trademark and have copied the idea of the plaintiff's trade dress and deliberately chosen to affix each element of their trade dress as that of the plaintiff's to create initial interest confusion. It is also stated that the listing of the defendant's impugned products on various third-party platforms clearly establishes defendant's intention to ride upon the hard-earned goodwill and reputation of the plaintiffs.

25. It is also claimed that the defendants had fraudulently applied for registration of their trademark "PREGA HUE" in Class 5 bearing application no.4342445 for pharmaceutical and medicinal preparation, pregnancy testing preparations for home use, preparations for the diagnosis of pregnancy, and "PREGA TRUTH" in Class 5 bearing application no.4342446 for CS(COMM) 50/2026 Page 5 of 6 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 26/01/2026 at 20:33:05 pharmaceutical and medicinal preparation, pregnancy testing preparations for home use, preparations for the diagnosis of pregnancy, on proposed to be used basis on 08.11.2019.

26. In the above circumstances, let the plaint be registered as a suit.

27. Ms. Vrinda Pathak, learned counsel for the defendants, on instruction, submits that the defendants have no stocks of the goods alleged to be infringing the trademarks of the plaintiffs, i.e., PREGA HUE and PREGA TRUTH. She also submits that the defendants are willing and undertake to withdraw the applications for the registration of trademarks bearing no.4342445 for "PREGA HUE" and 4342446 for "PREGA TRUTH" filed with the Trademark Registry, Ahmadabad, Gujarat. She also states that the defendants are willing to suffer a decree to the extent prayed for in the suit plaint.

28. Affidavit in terms of the aforesaid statement made on behalf of the defendants shall be filed within two days with an advance copy to learned counsel for the plaintiffs.

29. Mr Chander Lall, learned senior counsel states, on instructions, that in case the defendants are prepared to suffer a decree as prayed for, the plaintiff shall give up its relief of costs and damages.

30. In view of the above and subject to the affidavit being filed by the defendants as stated above, the suit for permanent injunction as prayed for is decreed in favour of the plaintiff and against defendant nos. 1 and 2, however without any order as to the costs or damages.

31. Let a decree sheet be drawn up accordingly.

32. Suit stands disposed of as decreed in above terms. Pending applications also stand disposed of.

TUSHAR RAO GEDELA, J JANUARY 20, 2026/ Sumit/rl CS(COMM) 50/2026 Page 6 of 6 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 26/01/2026 at 20:33:05

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Delhi High Court - Orders